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Matter of Foster

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 1997
244 A.D.2d 628 (N.Y. App. Div. 1997)

Opinion

November 6, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed by the U.S. Postal Service as a clerk and mail carrier. Her employment was terminated when, despite prior warnings that such conduct was unacceptable, claimant left work hours before the end of her shift without notifying or obtaining permission from her supervisor. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she was terminated due to misconduct. We affirm. The refusal to adhere to reasonable work hours constitutes disqualifying misconduct (see, Matter of Cassaro [Sweeney], 221 A.D.2d 790; Matter of Dowd [Hartnett], 169 A.D.2d 867). We note that claimant's contention that she obtained permission from her supervisor to leave early to attend to an emergency merely presented a credibility issue for the Board to resolve (see, Matter of Carr [Sweeney], 231 A.D.2d 782). Accordingly, we conclude that the Board's decision is supported by substantial evidence and it will not be disturbed.

Mikoll, J. P., Mercure, White, Casey and Spain, JJ., concur.

Ordered that the decisions are affirmed, without costs.


Summaries of

Matter of Foster

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 1997
244 A.D.2d 628 (N.Y. App. Div. 1997)
Case details for

Matter of Foster

Case Details

Full title:In the Matter of the Claim of LORETTA FOSTER, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 6, 1997

Citations

244 A.D.2d 628 (N.Y. App. Div. 1997)
663 N.Y.S.2d 924

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