Legal Opinion

In re the Claim of Pluckhan

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

Decided December 30, 1998PublishedCited by 4 opinions

1Opinion of the Court

Mikoll, J. P.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 7, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

When this matter was originally before us (245 AD2d 997), *1025we considered claimant’s argument that she was improperly disqualified from receiving unemployment benefits because the misconduct prompting her termination was caused by alcoholism. We noted that alcoholism may excuse what would otherwise be disqualifying misconduct if substantial evidence…

2Cases cited4 opinions

  1. In re the Claim of FrancisNew York Court of Appeals · 1982
  2. In re the Claim of MooreAppellate Division of the Supreme Court of the State of New York · 1988
  3. In re the Claim of SnellAppellate Division of the Supreme Court of the State of New York · 1993
  4. In re the Claim of PluckhanAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. In re the Claim of FinnAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re the Claim of McLaughlinAppellate Division of the Supreme Court of the State of New York · 2006
  3. In re the Claim of CremeensAppellate Division of the Supreme Court of the State of New York · 2001
  4. In re the Claim of FinnAppellate Division of the Supreme Court of the State of New York · 2004

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