MATTER OF GILBERT


232 A.D.2d 709 (1996)

647 N.Y.S.2d 1017

In the Matter of the Claim of Jonathan S. Gilbert, Appellant. United States Custom Service, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

October 10, 1996


Claimant was terminated from his position as a customs inspector because he tested positive for the use of cocaine during a random drug test. The Board disqualified him from receiving unemployment insurance benefits on the basis that he was terminated for misconduct. Based upon our review of the record, we find that the Board's decision is supported by substantial evidence. Claimant does not dispute that he tested positive for the use of cocaine during a random drug test...

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