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In the Matter of Decker

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2006
27 A.D.3d 821 (N.Y. App. Div. 2006)

Opinion

98903.

March 2, 2006.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 19, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Lee A. Decker, Pleasant Valley, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), respondent.

Before: Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left his employment as a truck driver without good cause. Upon learning that the commercial driver's license claimant was required to maintain as a condition of employment had been suspended for his failure to pay traffic fines, the employer justifiably terminated claimant's employment as a truck driver. Inasmuch as continuing work was available but for claimant's failure to take appropriate steps to maintain his commercial driver's license, we find no reason to disturb the Board's decision ( see Matter of Joseph [Commissioner of Labor], 264 AD2d 933; Matter of Geer [Town of Greece — Commissioner of Labor], 255 AD2d 676; see also Matter of Allen [Commissioner of Labor], 15 AD3d 753, lv denied 5 NY3d 704; Matter of Walsh [Commissioner of Labor], 286 AD2d 798).

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Decker

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2006
27 A.D.3d 821 (N.Y. App. Div. 2006)
Case details for

In the Matter of Decker

Case Details

Full title:In the Matter of the Claim of LEE A. DECKER, Appellant. COMMISSIONER OF…

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

Date published: Mar 2, 2006

Citations

27 A.D.3d 821 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1440
809 N.Y.S.2d 476