MATTER OF CLAIM OF CUNNINGHAM

529517.

182 A.D.3d 887 (2020)

122 N.Y.S.3d 179

2020 NY Slip Op 02344

In the Matter of the Claim of Anthony S. Cunningham, Appellant. Commissioner of Labor, Respondent.

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

Decided April 23, 2020.


On April 3, 2018, claimant, who worked as a probationary bus driver for the employer for approximately 10 months, struck a dumpster while pulling into a bus stop. On April 12, 2018, claimant's employment was terminated for violating the employer's policy regarding accident reporting and for leaving the scene of an accident. Following his discharge, claimant applied for and obtained unemployment insurance benefits based upon his representation that he lost his employment due...

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