Donahue v. Catherwood
| Decision Date | 11 December 1969 |
| Parties | Claim of Robert M. DONAHUE, Appellant, v. Martin P. CATHERWOOD, as Industrial Commissioner, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Paul Taylor, Binghamton, for appellant.
Louis J. Lefkowitz, Atty. Gen., Irving Jorrisch, New York City, for respondent Industrial Commissioner.
Before HERLIHY, P.J., and REYNOLDS, STALEY, GREENBLOTT and COOKE, JJ.
MEMORANDUM BY THE COURT.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 29, 1968, which determined that claimant voluntarily left his employment without good cause by provoking his discharge.
Claimant, a cab driver, was arrested on December 2, 1967 by a State Trooper and charged with driving while intoxicated. The trooper requested him to submit to a blood test for intoxication which he refused to do. He requested an opportunity to consult with legal counsel and about one and one-half hours after the arrest, he conferred with his attorney by telephone. Thereafter, on advice of his counsel, he offered to submit to the test, whereupon he was advised that it was too late. The charge of driving while intoxicated was thereafter dismissed by the court. On February 13, 1968 the Motor Vehicle Bureau held a hearing which resulted in the revocation of claimant's operator's license by reason of his refusal to submit to the test. By reason of the revocation, claimant was unable to continue in his employment as a cab driver and applied for unemployment insurance benefits.
By initial determination claimant was held to be disqualified from receiving benefits for voluntarily leaving of employment without good cause. The Referee sustained this determination on the assumption that the determination of the Commissioner of Motor Vehicles was proper. The board affirmed the decision of the Referee granting claimant leave to reopen the case upon a favorable decision in a pending article 78 proceeding to review the determination of the Commissioner of Motor Vehicles which was then pending in this court.
In Matter of Donahue v. Tofany (33 A.D.2d 590, 304 N.Y.S.2d 484 (decided October 20, 1969)), this court confirmed the determination of the Commissioner of Motor Vehicles.
Whether claimant's refusal to take a chemical test thereby causing the revocation of his license constituted a voluntary leaving of his employment without good cause is a question of fact within the province of the board to determine. The decision...
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Department of Economic and Employment Development v. Taylor
...1337 (1989); Olmeda v. Director of the Division of Employment Security, 394 Mass. 1002, 475 N.E.2d 1216 (1985); Donahue v. Catherwood, 33 A.D.2d 848, 305 N.Y.S.2d 827 (1969); Echols v. Michigan Employment Security Commission, 380 Mich. 87, 155 N.W.2d 824 (1968). But we find the reasoning of......
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Yardville Supply Co. v. Board of Review, Dept. of Labor
...N.Y.S.2d 8 (1977) (employee who was unable to attend work because he was in jail had "left work voluntarily"); Donahue v. Catherwood, 33 A.D.2d 848, 305 N.Y.S.2d 827 (1969) (taxi driver who lost his driving license because of his refusal to take a blood test for intoxication held to have vo......
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Yardville Supply Co. v. Board of Review, Dept. of Labor
...Echols v. Michigan Employment Security Commission, 380 Mich. 87, 155 N.W.2d 824 (Sup.Ct.1968); and Donahue v. Catherwood, 33 A.D.2d 848, 305 N.Y.S.2d 827 (App.Div.1969). The Michigan holding was based upon the majority's perception that the claimant demonstrated insufficient cause to overco......
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Paschal v. Florida Dept. of Labor and Employment Sec., Division of Employment Sec., 81-1304
...of driver's license suspension left employment voluntarily without good cause attributable to employer); Donahue v. Catherwood, 33 App.Div.2d 848, 305 N.Y.S.2d 827 (1969) Affirmed. 1 The appeals referee rendered a conclusion of law that the appellant was disqualified because of "misconduct ......