MATTER OF KINNICUTT


226 A.D.2d 870 (1996)

640 N.Y.S.2d 663

In the Matter of the Claim of David A. Kinnicutt, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

April 11, 1996


Claimant lost his employment as a truck driver as the result of a conviction for driving while intoxicated. The Board denied his application for unemployment insurance benefits finding that possession of a valid driver's license was a necessary condition of claimant's employment and that claimant's failure to maintain it constituted the voluntary leaving of his employment. We find that the Board's decision is supported by substantial evidence. Notwithstanding claimant's assertion...

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