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Matter of Brown

Appellate Division of the Supreme Court of New York, Third Department
Dec 27, 1990
168 A.D.2d 871 (N.Y. App. Div. 1990)

Opinion

December 27, 1990

Appeal from the Unemployment Insurance Appeal Board.


Claimant quit her job and gave two weeks' notice. However, prior to the time she was scheduled to leave she turned in her keys. Claimant admitted that by doing so she no longer considered herself to be store manager. Therefore, the record indicates that claimant intended to remain on the payroll for two more weeks although she did not intend to perform her job duties as store manager. This conclusion, coupled with the fact that claimant left the store unattended one day, provides the requisite substantial evidence to support the Unemployment Insurance Appeal Board's finding that claimant was terminated due to misconduct (see, Matter of Douglas [Hartnett], 143 A.D.2d 458).

Decision affirmed, without costs. Weiss, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.


Summaries of

Matter of Brown

Appellate Division of the Supreme Court of New York, Third Department
Dec 27, 1990
168 A.D.2d 871 (N.Y. App. Div. 1990)
Case details for

Matter of Brown

Case Details

Full title:In the Matter of the Claim of CHERYL K. BROWN, Appellant. THOMAS F…

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

Date published: Dec 27, 1990

Citations

168 A.D.2d 871 (N.Y. App. Div. 1990)
564 N.Y.S.2d 538