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MATTER OF FRANCIS

80 A.D.2d 961 (1981)

In the Matter of the Claim of Chauncey E. Francis, Respondent. New York City Human Resources Administration, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

March 12, 1981

There is no basis in the record to sustain the factual determination that claimant was sick and unable to work. The record contains substantial evidence that claimant was intoxicated on the job, brought liquor to work and caused disruption on the job. Such activities constitute misconduct sufficient to disqualify claimant from receiving unemployment insurance benefits (Matter of Rupp [Levine], 49 A.D.2d 783; Matter of Fahy [Catherwood...

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