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In re Hawkins

Appellate Division of the Supreme Court of New York, Third Department
Mar 4, 2010
71 A.D.3d 1215 (N.Y. App. Div. 2010)

Opinion

No. 507699.

March 4, 2010.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 2009, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Woodrow Hawkins, New York City, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

Before: Mercure, J.P., Rose, Malone Jr., Stein and Garry, JJ., concur.


Claimant, a bus driver for a ferry service, received tickets for speeding and running a red light and was thereafter discharged from his employment when his commercial driver's license was suspended. The Unemployment Insurance Appeal Board subsequently ruled that claimant lost his employment under disqualifying circumstances, and we affirm. Inasmuch as claimant was unable to perform the duties of his job without a commercial driver's license, substantial evidence supports the decision of the Board that claimant voluntarily engaged in actions that rendered him ineligible for his work as a bus driver and left the employer no choice but to discharge him. Accordingly, he is considered to have voluntarily left his employment without good cause ( see Matter of Geer [Town of Greece — Commissioner of Labor], 255 AD2d 676, 677; Matter of Paladino [Hudacs], 202 AD2d 932, 932).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Hawkins

Appellate Division of the Supreme Court of New York, Third Department
Mar 4, 2010
71 A.D.3d 1215 (N.Y. App. Div. 2010)
Case details for

In re Hawkins

Case Details

Full title:In the Matter of the Claim of WOODROW HAWKINS, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 4, 2010

Citations

71 A.D.3d 1215 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 1722
894 N.Y.S.2d 780

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