Opinion
94179.
Decided and Entered: December 18, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 5, 2002, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Hector Spinel, Union City, New Jersey, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Before: Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from his employment as a patient care associate after he left work early without authorization, despite having received prior warning that such conduct was unacceptable. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant lost his employment under disqualifying circumstances. Leaving work early without good cause has been held to constitute disqualifying misconduct, particularly where, as here, claimant was aware that it could jeopardize his employment (see Matter of Unterman [Commissioner of Labor], 293 A.D.2d 801, 802; Matter of Patrick [La Salle School — Commissioner of Labor], 251 A.D.2d 944, 944). Furthermore, we find no error in the Administrative Law Judge denying claimant's request to call certain witnesses who would support his contention that, although he left early, it was not as early as charged.
Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur.
ORDERED that the decision is affirmed, without costs.