MATTER OF LARKIN


235 A.D.2d 869 (1997)

653 N.Y.S.2d 44

In the Matter of the Claim of Bobby F. Larkin, Jr., Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

January 23, 1997


The record discloses that claimant notified his employer on May 11, 1995 that he would not be returning to work because he planned to enter a drug rehabilitation program. Although claimant's participation in the program did not begin until May 22, 1995, he did not return to his employment after May 11, 1995, later testifying that he needed to spend this interim period concentrating his efforts on staying away from drugs. The Unemployment Insurance Appeal Board ruled that...

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