MATTER OF CRUMP


203 A.D.2d 833 (1994)

611 N.Y.S.2d 356

In the Matter of the Claim of Leroy Crump, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

April 28, 1994


The record contains substantial evidence to support the Board's decision that claimant was discharged from his position as a bus driver for misconduct because he was convicted of operating a motor vehicle while his ability to do so was impaired by the use of alcohol. In light of the fact that claimant's conviction relates directly to his fitness to perform services for his employer, the Board's decision ruling that claimant's actions constituted misconduct is upheld.

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