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Matter of Maher

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 739 (N.Y. App. Div. 1991)

Opinion

December 5, 1991

Appeal from the Unemployment Insurance Appeal Board.


Claimant lost his job of six years due to excessive tardiness. Prior to claimant's discharge, his employer followed company policy with respect to warning him and ultimately docking his pay because of his tardiness. Although claimant admitted that he knew that his job was in jeopardy, he made no attempt to change his daily routine to avoid being late. Under the circumstances, there is substantial evidence to support the decision disqualifying claimant from receiving unemployment insurance benefits due to misconduct (see, Matter of Grosso [Levine], 52 A.D.2d 964; Matter of De Scetto [Levine], 51 A.D.2d 1100).

Mahoney, P.J., Mikoll, Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Maher

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 739 (N.Y. App. Div. 1991)
Case details for

Matter of Maher

Case Details

Full title:In the Matter of the Claim of MICHAEL J. MAHER, JR., Appellant. THOMAS F…

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

Date published: Dec 5, 1991

Citations

178 A.D.2d 739 (N.Y. App. Div. 1991)
577 N.Y.S.2d 176