Opinion
October 24, 1967
Appeal from a decision of the Unemployment Insurance Appeal Board disqualifying claimant-appellant from receiving benefits effective September 26, 1964 on the ground that he voluntarily left his employment without good cause by provoking his discharge. Claimant was employed as a photoengraver and was discharged for leaving the job before the end of his work shift. He had done so on previous occasions and his discharge came after having been warned against leaving work early without first obtaining permission from his foreman. Claimant's contention that he should not be penalized because his conduct was similar to others in the same employ is not well founded. ( Matter of Monahan [ Catherwood], 27 A.D.2d 781; Matter of Hasbrouck [ Catherwood], 28 A.D.2d 621.) Whether claimant's action constituted a voluntary leaving of employment without good cause by provoking his discharge is a factual determination for the board and on the present record, we may not disturb the board's determination (Labor Law, § 623; Matter of Martino [ Catherwood], 24 A.D.2d 772). Decision affirmed, without costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.