Opinion
October 24, 1967
Claimant appeals from a decision of the Unemployment Insurance Appeal Board denying benefits on the ground that he voluntarily left his employment without good cause by provoking his discharge. After an absence from work due to illness, claimant arranged with his employer to return to his employment on April 18, 1966. He was advised that if for any reason he was unable to do so, he was to notify his employer and further that his employment would be terminated if he did not do so. It was admitted that he neither reported for work nor notified his employer he could not do so. It further appears that there were prior occasions when claimant had promised to report for work but neither reported nor called his employer. There was substantial evidence to justify the board's finding that the claimant had provoked his discharge. ( Matter of Williams [ Catherwood], 27 A.D.2d 886; Matter of Hueber [ Catherwood], 24 A.D.2d 781.) Having failed to meet a condition of his work, he became separated from his employment by his own volition. (Labor Law, § 593, subd. 1; Matter of Martino [ Catherwood], 24 A.D.2d 772.) Decision affirmed, without costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.