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Matter of Gaines

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 996 (N.Y. App. Div. 1992)

Opinion

February 27, 1992

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the Unemployment Insurance Appeal Board's decision that claimant lost his job as a mailroom clerk due to misconduct. Claimant admitted that he had been warned about his attendance and he had promised his employer that he would be at work on two specific dates. Despite his employer's warnings, claimant did not report to work for those two days and failed to call in prior to these absences. This court has previously held that unauthorized absences from work after warning and without prompt notice to the employer constitute misconduct warranting the employee's disqualification from receiving unemployment insurance benefits (see, Matter of Michelfelder [Ross], 80 A.D.2d 969; Matter of Rossano [Levine], 52 A.D.2d 1006; Matter of Patterson [Levine], 50 A.D.2d 703, appeal dismissed 38 N.Y.2d 937).

Weiss, P.J., Yesawich Jr., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Gaines

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 996 (N.Y. App. Div. 1992)
Case details for

Matter of Gaines

Case Details

Full title:In the Matter of the Claim of KEITH F. GAINES, Appellant. JOHN F. HUDACS…

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

Date published: Feb 27, 1992

Citations

180 A.D.2d 996 (N.Y. App. Div. 1992)
581 N.Y.S.2d 110