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MATTER OF SHUGG

62 A.D.3d 1199 (2009)

In the Matter of the Claim of ADAM J. SHUGG, Appellant. GRIEF INDUSTRIAL PACKAGING & SERVICE, LLC, Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided May 21, 2009.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, who tested positive for cocaine following an injury at work, engaged in disqualifying misconduct. "An employee's use of controlled substances which produces a positive result following a drug test has been held to constitute disqualifying misconduct" (Matter of Young [Commissioner of Labor], 28 A.D.3d 989, 989 [2006] [citations...

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