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Matter of Mosley

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1994
207 A.D.2d 942 (N.Y. App. Div. 1994)

Opinion

September 22, 1994

Appeal from the Unemployment Insurance Appeal Board.


The record contains substantial evidence to support the Board's determination that claimant was discharged from his position as a systems analyst for misconduct because he reported to work late after receiving verbal and written warnings concerning continued tardiness. Although claimant contends that he was unfairly terminated because his last incidence of lateness was allegedly solely caused by transportation problems beyond his control, the Board aptly noted that claimant himself gave testimony indicating that he left for work so late on the day in question that he would have been tardy even without the motor vehicle trouble. Under these circumstances, we find no reason to disturb the Board's factual finding that claimant was terminated because of misconduct. We have examined claimant's remaining contentions and find them to be unpersuasive.

Cardona, P.J., Mikoll, Mercure, White and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without cost.


Summaries of

Matter of Mosley

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1994
207 A.D.2d 942 (N.Y. App. Div. 1994)
Case details for

Matter of Mosley

Case Details

Full title:In the Matter of the Claim of JAMES C. MOSLEY, Appellant. JAMES F. HUDACS…

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

Date published: Sep 22, 1994

Citations

207 A.D.2d 942 (N.Y. App. Div. 1994)
616 N.Y.S.2d 606

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