From Casetext: Smarter Legal Research

Matter of Jones

Appellate Division of the Supreme Court of New York, Third Department
Apr 30, 1998
249 A.D.2d 864 (N.Y. App. Div. 1998)

Opinion

April 30, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was terminated from her employment as a clerk for an insurance company following her unauthorized absence from work. Claimant had previously been warned that her poor attendance was jeopardizing her job. Upon review of the record, we conclude that there is substantial evidence in the record to support the Unemployment Insurance Appeal Boards ruling that claimant lost her employment under disqualifying circumstances. "It is well settled that unauthorized absences from work can constitute misconduct warranting disqualification from receiving unemployment insurance benefits" ( Matter of Jensen [Sweeney], 238 A.D.2d 645 [citations omitted]; see, Matter of Luciano [Sweeney], 243 A.D.2d 797). Claimants exculpatory explanations merely presented a credibility issue for the Board to resolve ( see, Matter of Foster [Sweeney], 244 A.D.2d 628).

Cardona, P.J., Crew III, White, Yesawich Jr. and Peters, JJ., concur.


Summaries of

Matter of Jones

Appellate Division of the Supreme Court of New York, Third Department
Apr 30, 1998
249 A.D.2d 864 (N.Y. App. Div. 1998)
Case details for

Matter of Jones

Case Details

Full title:In the Matter of the Claim of AUDREY R. JONES, Appellant. INTERBORO MUTUAL…

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

Date published: Apr 30, 1998

Citations

249 A.D.2d 864 (N.Y. App. Div. 1998)
672 N.Y.S.2d 462