From Casetext: Smarter Legal Research

Matter of Cerasuolo

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 827 (N.Y. App. Div. 1994)

Opinion

June 2, 1994

Appeal from the Unemployment Insurance Appeal Board.


The Board found that claimant, a probationary correction officer, lost his employment because of his arrest for drunk driving. In so doing the Board determined that, even accepting claimant's allegations that he was an alcoholic, claimant was aware or should have been aware of the fact that his actions at the time were dangerous and unlawful. Under the circumstances, the Board concluded that claimant was guilty of misconduct. Insofar as we find substantial evidence in the record to support the Board's conclusion that claimant lost his employment under disqualifying conditions, its determination must be upheld.

Cardona, P.J., Mikoll, Mercure, Casey and Weiss, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Cerasuolo

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 827 (N.Y. App. Div. 1994)
Case details for

Matter of Cerasuolo

Case Details

Full title:In the Matter of the Claim of JOSEPH A. CERASUOLO, Appellant. NEW YORK…

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

Date published: Jun 2, 1994

Citations

205 A.D.2d 827 (N.Y. App. Div. 1994)
612 N.Y.S.2d 516

Citing Cases

Matter of Zegarelli

Claimant was suspended from his employment as a police officer as a result of being convicted upon his plea…

Matter of Weigand

We affirm. Unlike Matter of Cerasuolo (New York City Dept. of Correction — Hudacs) ( 205 A.D.2d 827), relied…