Legal Opinion

In re the Claim of Boudreau

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

Decided September 10, 1998PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 9, 1998, which, upon reconsideration, adhered to its prior decisions ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as captain of an oil barge. As a result of claimant’s failure to follow the employer’s established procedure to check that all valves and pumps were shut off, a shipment of fuel oil became contaminated with gasoline, requiring the employer to refine the fuel oil at a cost of $71,000. The…

2Cases cited2 opinions

  1. In re the Claim of RothmanAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Claim of O'ConnorAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by5 opinions

  1. In re the Claim of WhylieAppellate Division of the Supreme Court of the State of New York · 2007
  2. Clark v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re the Claim of RogersAppellate Division of the Supreme Court of the State of New York · 2007
  4. Matter of Timberlake (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Mangiero (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2021

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