In re the Claim of Holder

The credible evidence establishes that claimant, an unarmed security guard, was discharged from his employment after he reported to work under the influence of alcohol. “It is well settled that absent a showing that an employee is suffering from alcoholism, reporting to work under the influence of alcohol may constitute disqualifying misconduct” (Matter of Kiteta [Commissioner of Labor], 4 AD3d 712, 713 [2004] [citations omitted]; see Matter of Stuber [Commissioner of Labor], 32 AD3d 1063, 1063-1064 [2006]; Matter of Kryszak [Commissioner of Labor], 308 AD2d 645, 646 [2003]). No such showing…