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In the Matter of Pegues

Appellate Division of the Supreme Court of New York, Third Department
Jan 2, 2003
301 A.D.2d 698 (N.Y. App. Div. 2003)

Opinion

91189

Decided and Entered: January 2, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 9, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Johnny M. Pegues, New York City, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

Before: Cardona, P.J., Crew III, Peters, Carpinello and, Mugglin, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from his employment as a museum security officer after he failed to provide his employer with required medical documentation every 30 days in order to extend his family medical leave. Although claimant was aware that failure to abide by such requirement could result in termination of his employment, he nevertheless failed to submit any documentation extending his medical leave beyond the date set forth in his last doctor's note. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment due to disqualifying misconduct inasmuch as he failed to comply with a reasonable request of the employer (see Matter of Armbruster [Commissioner of Labor], 278 A.D.2d 726; Matter of Pullum [Sweeney], 224 A.D.2d 897).

Cardona, P.J., Crew III, Peters, Carpinello and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Pegues

Appellate Division of the Supreme Court of New York, Third Department
Jan 2, 2003
301 A.D.2d 698 (N.Y. App. Div. 2003)
Case details for

In the Matter of Pegues

Case Details

Full title:In the Matter of the Claim of JOHNNY M. PEGUES, Appellant. COMMISSIONER OF…

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

Date published: Jan 2, 2003

Citations

301 A.D.2d 698 (N.Y. App. Div. 2003)
753 N.Y.S.2d 216