Opinion
March 13, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board. Claimant was employed as a porter in an apartment house. The Unemployment Insurance Appeal Board has sustained an initial determination of the Industrial Commissioner that claimant left his employment without good cause on November 1, 1960; but it has overruled an initial determination of the Commissioner that claimant made a willful false statement relating to his employment. In each instance the board affirmed the referee. The board has found, and the proof sustains it, that claimant was discharged because of being repeatedly under the influence of alcohol, notwithstanding the employer's orders and warnings against this. The finding is that: "Claimant provoked his discharge by drinking whiskey shortly before going on duty to an extent that he was rendered under the influence of alcohol despite prior warnings * * * In effect, he invited his discharge." This determination is consistent with Matter of Karman [ Lubin] ( 2 A.D.2d 626); and Matter of Ianni [ Catherwood] ( 14 A.D.2d 469). Determination unanimously confirmed, without costs.