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MATTER OF HOLDER

49 A.D.3d 1131 (2008)

853 N.Y.S.2d 717

In the Matter of the Claim of WILFRED HOLDER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 27, 2008.

The credible evidence establishes that claimant, an unarmed security guard, was discharged from his employment after he reported to work under the influence of alcohol. "It is well settled that absent a showing that an employee is suffering from alcoholism, reporting to work under the influence of alcohol may constitute disqualifying misconduct" (Matter of Kiteta [Commissioner of Labor], 4 A.D.3d 712, 713 [2004] [citations omitted...

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