Legal Opinion · Dissent

In re the Claim of Cremeens

Appellate Division of the Supreme Court of the State of New York

Decided August 9, 2001Published

1DissentRose, J.

Because the record, in my view, fails to support the determination of the Unemployment Insurance Appeal Board and instead demonstrates a clear causal connection between claimant’s alcoholism and her. refusal to take the blood test, I respectfully dissent.

Notably, the Board adopted the following conclusions of the Administrative Law Judge: “The credible evidence establishes that the claimant was aware that, if she refused to submit to a drug test, she would be fired. She refused to take the test because she knew that due to the large quantity of alcohol she had consumed over the weekend, her…

2Cases cited4 opinions

  1. Im re the Claim of HannahAppellate Division of the Supreme Court of the State of New York · 1988
  2. In re the Claim of GrajalesAppellate Division of the Supreme Court of the State of New York · 1982
  3. In re the Claim of MoultonAppellate Division of the Supreme Court of the State of New York · 1993
  4. In re the Claim of KillorinAppellate Division of the Supreme Court of the State of New York · 1996

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