MATTER OF RIZZA


288 A.D.2d 795 (2001)

733 N.Y.S.2d 308

In the Matter of the Claim of RICHARD F. RIZZA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 29, 2001.


Claimant was discharged from his employment as a truck driver for a dairy products company after he tested positive for the use of marihuana following a random drug test. We find no error in the Unemployment Insurance Appeal Board remanding the matter for further development of the record concerning the testing procedures and chain of custody of the urine specimen (see, Labor Law § 621 [3]; see also, Matter of Cumberland [Commissioner of Labor],

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