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Matter of Lewis

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 750 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was a hairstylist for the employer until she was discharged for excessive tardiness. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits upon its finding that she had engaged in disqualifying misconduct. The record reveals that claimant received three written warnings from her supervisor cautioning her that future incidents of tardiness could result in her termination. Following receipt of the third warning, claimant nonetheless arrived at work after her scheduled starting time and she was discharged. An employee's excessive tardiness after oral or written warnings have been given has been held to constitute disqualifying misconduct ( see, Matter of McCoy [Sweeney], 235 A.D.2d 879). Substantial evidence supports the finding that claimant lost her job due to misconduct and the Board's decision is, accordingly, affirmed.

Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Lewis

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 750 (N.Y. App. Div. 1997)
Case details for

Matter of Lewis

Case Details

Full title:In the Matter of the Claim of ULIN E. LEWIS, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 750 (N.Y. App. Div. 1997)
664 N.Y.S.2d 668

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