Legal Opinion
In re the Claim of Altieri
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1983PublishedCited by 1 opinion
1Opinion of the Court
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 9, 1982. Claimant, a correction officer at the Dutchess County Jail, was discharged for refusing to answer questions during a disciplinary inquiry respecting an alleged assault upon an inmate. The board, reversing the determination of the administrative law judge, found "that claimant’s silence amounted to misconduct, thereby rendering him ineligible for unemployment benefits. It is established that: “the State may compel any person enjoying a public trust to account for his activities and may terminate his…
2Cases cited4 opinions
- Gardner v. BroderickSupreme Court of the United States · 1968
- Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation of New YorkSupreme Court of the United States · 1968
- People v. AvantNew York Court of Appeals · 1973
- In re the Claim of KubusAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by1 opinion
- In re the Claim of KendrickAppellate Division of the Supreme Court of the State of New York · 1984