MATTER OF LUGO


251 A.D.2d 742 (1998)

673 N.Y.S.2d 772

In the Matter of the Claim of Luis A. Lugo, Appellant. Milford Management, Respondent; Commissioner of Labor, Respondent

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

June 4, 1998


Claimant was discharged from his employment as a security guard for consuming alcohol during his lunch hour, having received prior warnings to refrain from such conduct. The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge (hereinafter ALJ), ruled that claimant was disqualified from receiving benefits on the basis that he lost his employment due to misconduct. We affirm. Consuming alcohol while on the job has been held to constitute...

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