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Matter of Lenoir

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 428 (N.Y. App. Div. 1991)

Opinion

September 26, 1991

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a bus operator, accumulated nine points on his driver's license after committing several traffic infractions. As a result, claimant was disqualified from driving a bus in accordance with Vehicle and Traffic Law § 509-c (1) (d). Because a valid bus driver's license is a requirement of claimant's job, his employer had no choice but to dismiss him. Claimant, therefore, brought about his own discharge and this constituted a voluntary leaving of employment without good cause (see, Matter of Malaspina [Corsi], 309 N.Y. 413, 418; Matter of Johnson [Levine], 50 A.D.2d 1022; Matter of Goldenthal [Levine], 50 A.D.2d 658).

Mahoney, P.J., Mikoll, Yesawich Jr. and Mercure, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Lenoir

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 428 (N.Y. App. Div. 1991)
Case details for

Matter of Lenoir

Case Details

Full title:In the Matter of the Claim of GEORGE E. LENOIR, Appellant. THOMAS F…

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

Date published: Sep 26, 1991

Citations

176 A.D.2d 428 (N.Y. App. Div. 1991)
574 N.Y.S.2d 419

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