MATTER OF DUNCAN


283 A.D.2d 828 (2001)

724 N.Y.S.2d 540

In the Matter of the Claim of LARRY N. DUNCAN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 17, 2001.


Claimant was suspended from his employment as an electric trolley crane operator and, as part of his reinstatement, he agreed to submit to random drug testing and acknowledged that he would be immediately terminated without recourse for violation of any of the employer's rules or regulations. Shortly after being reinstated, claimant tested positive for the use of cocaine. Inasmuch as claimant violated the terms of the agreement and his conduct was detrimental to the employer...

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