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Matter of Paladino

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 932 (N.Y. App. Div. 1994)

Opinion

March 31, 1994

Appeal from the Unemployment Insurance Appeal Board.


Claimant's employment ended when, due to outstanding traffic tickets, he failed to maintain a valid drivers' license, a necessary condition of his employment as a driver. Although his employer gave him a few days to resolve the problem with his license, claimant failed to take any action. Claimant therefore voluntarily engaged in conduct which he knew would leave the employer no choice but to discharge him. As such, the Board's conclusion that claimant provoked his discharge, which constitutes a voluntary leaving of employment without good cause, is supported by substantial evidence and must be upheld.

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


Summaries of

Matter of Paladino

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 932 (N.Y. App. Div. 1994)
Case details for

Matter of Paladino

Case Details

Full title:In the Matter of the Claim of MICHAEL R. PALADINO, Appellant. JOHN F…

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

Date published: Mar 31, 1994

Citations

202 A.D.2d 932 (N.Y. App. Div. 1994)
609 N.Y.S.2d 694

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