Opinion
April 11, 1991
Appeal from the Unemployment Insurance Appeal Board.
The agreement which claimant entered into following a disciplinary grievance set forth the conditions for claimant's continued employment, one of which was his participation in a company-sponsored treatment program. The agreement also specifically provided that he would be subject to immediate termination if he again tested positive for drugs. The evidence established that claimant failed to follow through with the program and that he subsequently tested positive for drugs. Under the circumstances, the conclusion that claimant's actions constituted misconduct disqualifying him from unemployment insurance benefits is supported by substantial evidence (cf., Matter of Restifo [Roberts], 88 A.D.2d 1045). We have considered claimant's remaining contentions and find them lacking in merit.
Decision affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.