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In the Matter of Mandia

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2004
8 A.D.3d 940 (N.Y. App. Div. 2004)

Opinion

95195.

Decided and Entered June 24, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 15, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Maria Mandia, Hollis, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Before: Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment as a dental assistant due to misconduct. The record establishes that claimant called in sick on three consecutive days because she was upset with the employer for issuing her paychecks that bounced. Although claimant had just cause to be upset, we find no reason to disturb the Board's decision inasmuch as claimant misrepresented to the employer her reasons for failing to report to work (see Matter of Fowler [Sweeney], 242 A.D.2d 768; Matter of Sanford [Levine], 52 A.D.2d 1024).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Mandia

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2004
8 A.D.3d 940 (N.Y. App. Div. 2004)
Case details for

In the Matter of Mandia

Case Details

Full title:IN THE MATTER OF THE CLAIM OF MARIA MANDIA, Appellant. COMMISSIONER OF…

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

Date published: Jun 24, 2004

Citations

8 A.D.3d 940 (N.Y. App. Div. 2004)
779 N.Y.S.2d 278