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Matter of Powell

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 829 (N.Y. App. Div. 1998)

Opinion

June 18, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from her employment as a nurse for a home care agency after she failed to report to work on two consecutive days because of transportation problems allegedly beyond her control. Claimant was warned that her job was in jeopardy due to her absence. Substantial evidence in the record supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because she lost her employment due to misconduct. Claimant's supervisor testified that claimant refused an offer to use either the company van or the supervisor's personal vehicle. Claimant also rejected offers from a co-worker for a ride to work. Although claimant denied that such offers were made, this conflicting evidence created a credibility issue for the Board to resolve ( see, Matter of Guarino [Commissioner of Labor], 249 A.D.2d 881). Under these circumstances, we find no reason to disturb the Board's decision ( see, Matter of Barnes [Hudacs], 195 A.D.2d 745). Claimant's remaining contentions have been reviewed and found to be without merit.

Cardona, P. J., Mikoll, Mercure, Crew III and White, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Powell

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 829 (N.Y. App. Div. 1998)
Case details for

Matter of Powell

Case Details

Full title:In the Matter of the Claim of EVELYN E. POWELL, Appellant. COMMISSIONER OF…

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

Date published: Jun 18, 1998

Citations

251 A.D.2d 829 (N.Y. App. Div. 1998)
674 N.Y.S.2d 798