MATTER OF GILBERT


38 A.D.3d 961 (2007)

831 N.Y.S.2d 559

In the Matter of the Claim of DUDLEY P. GILBERT, Respondent. DIVISION OF NEW YORK STATE POLICE, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided March 1, 2007.


Cardona, P.J.

On November 9, 2004, claimant, a State Trooper, was involved in a one-vehicle accident while off duty, prior to which he had been drinking alcohol. His alcohol consumption, combined with the uncooperative behavior he exhibited toward local police officers investigating the incident, was deemed "completely inappropriate and violat[ive of] State Police Regulations," which prohibit conduct "tending to bring discredit upon the Division [of New York State...

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