Legal Opinion

In re the Claim of Gilbert

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

Decided March 1, 2007PublishedCited by 4 opinions

1Opinion of the Court

Cardona, PJ.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 28, 2005, which ruled that claimant was entitled to receive unemployment insurance benefits.

On November 9, 2004, claimant, a State Trooper, was involved in a one-vehicle accident while off duty, prior to which he had been drinking alcohol. His alcohol consumption, combined with the uncooperative behavior he exhibited toward local police officers investigating the incident, was deemed “completely inappropriate and violat[ive of] State Police Regulations,” which prohibit conduct “tending to bring…

2Cases cited4 opinions

  1. In re the Claim of BenjaminAppellate Division of the Supreme Court of the State of New York · 1991
  2. In re the Claim of LadnerAppellate Division of the Supreme Court of the State of New York · 1998
  3. In re the Claim of BlakeAppellate Division of the Supreme Court of the State of New York · 2003
  4. In re the Claim of WeigandAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. In re WilliamsAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re the Claim of MosherAppellate Division of the Supreme Court of the State of New York · 2007
  3. Matter of Atanov v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Weinstein (City of New York Dept. of Citywide Admin. Servs.--Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2018

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