MATTER OF FISHMAN


268 A.D.2d 651 (2000)

701 N.Y.S.2d 185

In the Matter of the Claim of DEAN W. FISHMAN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 6, 2000.


Claimant was discharged from his employment as a shipping clerk for violating the employer's policy prohibiting workers from being under the influence of alcohol or possessing alcoholic beverages "on company time", whether on or off the employer's premises. Claimant admitted drinking beer during his half-hour lunch break in the workplace basement and then returning to his work duties. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving...

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