Legal Opinion

In re the Claim of Duncan

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

Decided May 17, 2001Published

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 24, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was suspended from his employment as an electric trolley crane operator and, as part of his reinstatement, he agreed to submit to random drug testing and acknowledged that he would be immediately terminated without recourse for violation of any of the employer’s rules or regulations. Shortly after being reinstated, claimant tested positive for the use…

2Cases cited2 opinions

  1. In re the Claim of PriorAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of DelaneyAppellate Division of the Supreme Court of the State of New York · 1998

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