MATTER OF KESSLER


286 A.D.2d 844 (2001)

730 N.Y.S.2d 383

In the Matter of the Claim of SCOTT E. KESSLER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 27, 2001.


Claimant, a motor vehicle operator, was discharged from his employment with the United States Postal Service after being involved in a drag racing incident which caused an accident with serious injuries. This incident ultimately led to criminal charges and claimant pleading guilty to attempted assault in the third degree. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant...

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