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Matter of Pullum

Appellate Division of the Supreme Court of New York, Third Department
Feb 29, 1996
224 A.D.2d 897 (N.Y. App. Div. 1996)

Opinion

February 29, 1996

Appeal from the Unemployment Insurance Appeal Board.


Claimant worked as a mail boxer at a post office for a little over three months. On June 18, 1993, she called her employer to report that she would be absent and remained absent until July 7, 1993. Claimant thereafter failed to call each day as the employer's policy required or to provide her employer with medical documentation for her extended absence. As a result, her employment was terminated. The Board denied claimant's application for unemployment insurance benefits, finding that she was terminated for misconduct. Claimant argues that the Board's decision is not supported by substantial evidence. We disagree. Misconduct is a question of fact for the Board to determine and the decision will not be disturbed if supported by substantial evidence ( see, Matter of Beykirch [Roberts], 125 A.D.2d 857, lv denied 73 N.Y.2d 704). Substantial evidence supports the decision of the Board.

Cardona, P.J., Mikoll, Crew III, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Pullum

Appellate Division of the Supreme Court of New York, Third Department
Feb 29, 1996
224 A.D.2d 897 (N.Y. App. Div. 1996)
Case details for

Matter of Pullum

Case Details

Full title:In the Matter of the Claim of ELAINE PULLUM, Appellant. JOHN E. SWEENEY…

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

Date published: Feb 29, 1996

Citations

224 A.D.2d 897 (N.Y. App. Div. 1996)
638 N.Y.S.2d 232

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