Legal Opinion

In re the Claim of Pluckhan

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

Decided December 31, 1997Published

1Dissent

Casey, J. (dissenting).

It is well settled that repeated failure to comply with an employer’s attendance policy, as was the case herein, constitutes disqualifying misconduct (see, e.g., Matter of McCoy [Sweeney], 235 AD2d 879). As the majority correctly notes, however, alcoholism can constitute an excuse from what would otherwise be disqualifying misconduct if there is substantial evidence to show that the claimant is an *999alcoholic, the alcoholism caused the behavior leading to the claimant’s discharge and the claimant is available for and able to work (see, Matter of Allen [United States Dept.…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. In re the Claim of MooreAppellate Division of the Supreme Court of the State of New York · 1988
  2. In re the Claim of AllenAppellate Division of the Supreme Court of the State of New York · 1990
  3. In re the Claim of McCoyAppellate Division of the Supreme Court of the State of New York · 1997

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