IN THE MATTER OF RAMSEY


17 A.D.3d 949 (2005)

793 N.Y.S.2d 632

In the Matter of the Claim of CARLOS RAMSEY, Appellant. FAIRVIEW RECOVERY SERVICES, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

April 28, 2005.


Kane, J.

Claimant, an outreach counselor for a drug and alcohol abuse recovery center, was denied unemployment insurance benefits on the ground that his refusal to submit to a drug test to allay his employer's suspicions that he was working under the influence of controlled substances constituted disqualifying misconduct resulting in his termination. Following a hearing, an Administrative Law Judge upheld the denial of claimant's application, and the Unemployment...

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