MATTER OF PAULSEN (CATHERWOOD)


27 A.D.2d 493 (1967)

In the Matter of the Claim of Louis J. Paulsen, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 14, 1967.


Attorney(s) appearing for the Case

Louis J. Paulsen, appellant in person.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Samuel Stern and Irving Jorrisch of counsel), for respondent.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.


HERLIHY, J.

The initial determination was based on "[Y]ou [claimant] were intoxicated on your job and while in that condition, you insulted customers."

Following a hearing, however, the Referee instead determined: "Claimant knew from the warnings given to him that the employer objected to drinking on the job. The credible evidence establishes that claimant lost his employment because of such actions. The fact that claimant, when accused by the...

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