MATTER OF PALADINO


202 A.D.2d 932 (1994)

609 N.Y.S.2d 694

In the Matter of the Claim of Michael R. Paladino, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

March 31, 1994


Claimant's employment ended when, due to outstanding traffic tickets, he failed to maintain a valid drivers' license, a necessary condition of his employment as a driver. Although his employer gave him a few days to resolve the problem with his license, claimant failed to take any action. Claimant therefore voluntarily engaged in conduct which he knew would leave the employer no choice but to discharge him. As such, the Board's conclusion that claimant provoked his discharge...

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