Legal Opinion

In re the Claim of Rizza

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

Decided November 29, 2001PublishedCited by 3 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 29, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a truck driver for a dairy products company after he tested positive for the use of marihuana following a random drug test. We find no error in the Unemployment Insurance Appeal Board remanding the matter for further development of the record concerning the testing procedures and chain of custody of the urine…

2Cases cited3 opinions

  1. In re the Claim of CumberlandAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of FosterAppellate Division of the Supreme Court of the State of New York · 1999
  3. In re the Claim of GilbertAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. In re the Claim of YoungAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re the Claim of LangleyAppellate Division of the Supreme Court of the State of New York · 2004
  3. In re the Claim of JavierAppellate Division of the Supreme Court of the State of New York · 2008

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