In re the Claim of Weigand

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 3, 1997, which, upon reconsideration, adhered to its prior decision ruling that claimant was entitled to receive unemployment insurance benefits.

Claimant was discharged from his employment as a probationary correction officer after he was arrested for driving while intoxicated. The employer appeals the decision of the Unemployment Insurance Appeal Board finding that claimant’s behavior did not amount to disqualifying misconduct. We affirm. Unlike Matter of Cerasuolo (New York City Dept. of Correction — Hudacs)…