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Matter of Boyle

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 809 (N.Y. App. Div. 1998)

Opinion

February 26, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from his employment as a bus driver after he took a week off from work during the employer's busiest time of year without obtaining proper authorization. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant lost his employment under disqualifying circumstances. This Court has held that a claimant's unauthorized absence from work may be construed as disqualifying misconduct ( see, Matter of Svetlich [Sweeney], 236 A.D.2d 762), especially where, as here, the absence is detrimental to the employer's best interests ( see, id.). Claimant's assertion that his absence from work was approved by his supervisor raised an issue of credibility for resolution by the Board ( see, Matter of Jonassen [Sweeney], 233 A.D.2d 738).

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Boyle

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 809 (N.Y. App. Div. 1998)
Case details for

Matter of Boyle

Case Details

Full title:In the Matter of the Claim of JAMES D. BOYLE, Appellant. JOHN E. SWEENEY…

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

Date published: Feb 26, 1998

Citations

247 A.D.2d 809 (N.Y. App. Div. 1998)
668 N.Y.S.2d 514

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