Opinion
93777
Decided and Entered: November 6, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 9, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Linda L. Gorton, Rochester, appellant pro se.
Jaeckle, Fleischmann Mugel, Buffalo (Thomas E. Brydges of counsel), for Genesee County Chapter NYSARC, Inc., respondent.
Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for Commissioner of Labor, respondent.
Before: Mercure, J.P., Crew III, Mugglin, Rose and Kane, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from her employment as an assistant residential manager at a group home when she left work an hour before the end of her shift. The record establishes that claimant's supervisor denied her request to leave early and claimant was warned that it would be considered insubordination if she disregarded the supervisor's directive. The Unemployment Insurance Appeal Board ruled that claimant lost her employment due to disqualifying misconduct.
We affirm. Leaving work early without authorization can constitute disqualifying misconduct (see Matter of Greenberg [Commissioner of Labor], 286 A.D.2d 794; Matter of Patrick [La Salle School — Commissioner of Labor], 251 A.D.2d 944). Although claimant maintains that she was otherwise without a ride home, the record establishes that she did not exhaust all possible transportation alternatives in order to protect her employment.
Mercure, J.P., Crew III, Mugglin, Rose and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.