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Matter of Everette

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 811 (N.Y. App. Div. 1998)

Opinion

February 26, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a roofer, was discharged from his employment for excessive unauthorized absences. The Unemployment Insurance Appeal Board denied claimant's application for benefits on the ground that he was terminated for misconduct. Inasmuch as an employee's unauthorized absence from work has been found to constitute disqualifying misconduct ( see, Matter of Ashford [Sweeney], 242 A.D.2d 808), we affirm. The employer's representative testified that claimant was absent for several days without permission and that he had been previously warned about his poor attendance record. Claimant's contention that the employer authorized his absences and that he was never warned about his poor attendance record presented a credibility issue for the Board to resolve ( see, Matter of Foster [Sweeney], 244 A.D.2d 628).

Cardona, P.J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Everette

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 811 (N.Y. App. Div. 1998)
Case details for

Matter of Everette

Case Details

Full title:In the Matter of the Claim of JOHNNIE L. EVERETTE, Appellant. JOHN E…

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

Date published: Feb 26, 1998

Citations

247 A.D.2d 811 (N.Y. App. Div. 1998)
668 N.Y.S.2d 514

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