MATTER OF MOULTON


198 A.D.2d 595 (1993)

603 N.Y.S.2d 240

In the Matter of the Claim of Matthew C. Moulton, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

November 4, 1993


Mercure, J.

We affirm. It is undisputed that claimant was hired as a driver/installer for a water conditioning service with the express understanding that he was to accumulate no further convictions on his operator's license. During the period of employment (but not during working hours), claimant was stopped by the police and arrested for driving while intoxicated. Claimant refused a breathalyzer test, resulting in an initial 15-day suspension and ultimate...

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