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In the Matter of the Claim of Hughes

Appellate Division of the Supreme Court of New York, Third Department
May 10, 2001
283 A.D.2d 753 (N.Y. App. Div. 2001)

Opinion

May 10, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 6, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he was terminated due to misconduct.

Jessie Hughes Jr., Bath, appellant in person.

Before: Spain, J.P., Carpinello, Mugglin, Rose and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was discharged from his employment as a custodian under disqualifying circumstances (see, Matter of Pianoforte [Commissioner of Labor], 271 A.D.2d 796; Matter of Rossi [Commissioner of Labor], 231 A.D.2d 769). The record establishes that on numerous occasions claimant failed to call in to work to report his absences as required, notwithstanding repeated prior warnings as well as a suspension for the same type of conduct. Under these circumstances, the Board's decision that claimant's failure to abide by the employer's absentee call-in policy amounted to disqualifying misconduct will not be disturbed.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Hughes

Appellate Division of the Supreme Court of New York, Third Department
May 10, 2001
283 A.D.2d 753 (N.Y. App. Div. 2001)
Case details for

In the Matter of the Claim of Hughes

Case Details

Full title:IN THE MATTER OF THE CLAIM OF JESSIE HUGHES JR., APPELLANT. COMMISSIONER…

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

Date published: May 10, 2001

Citations

283 A.D.2d 753 (N.Y. App. Div. 2001)
725 N.Y.S.2d 118

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