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Matter of Council

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 821 (N.Y. App. Div. 1994)

Opinion

February 10, 1994

Appeal from the Unemployment Insurance Appeal Board.


The record contains substantial evidence to support the Board's determination that claimant was discharged for misconduct from his position as a supermarket porter for absenteeism. An employee's repeated failure, despite several warnings, to follow the employer's rules regarding the necessity of notifying the employer promptly concerning absences may constitute misconduct barring a claimant from receipt of unemployment insurance benefits. Significantly, the Board was free to disbelieve claimant's explanations or excuses for his conduct and to credit the testimony of the employer's witnesses.

Mikoll, J.P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Council

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 821 (N.Y. App. Div. 1994)
Case details for

Matter of Council

Case Details

Full title:In the Matter of the Claim of ARTHUR L. COUNCIL, Appellant. JOHN F…

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

Date published: Feb 10, 1994

Citations

201 A.D.2d 821 (N.Y. App. Div. 1994)
607 N.Y.S.2d 493