Opinion
February 20, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Claimant appeals from a decision of the Unemployment Insurance Appeal Board. Claimant was employed as an accounts-receivable bookkeeper for about 16 months. Between April, 1960 and July 22, 1960 she took one authorized and four unauthorized week-long leaves of absence from her work. She again absented herself from her employment during the week ending July 29 to accompany her husband on a vacation. Whether this was done with the employer's authorization is in dispute although claimant stated in an interview on August 19 that its office manager "had not given me a yes or no answer". During claimant's absence on this occasion her sister communicated with the employer to request, in claimant's behalf, permission "for another week's leave". Claimant contends that her sister then was told that claimant's employment had been terminated. According to the employer she was advised that claimant would be replaced if she did not return to work. Claimant's position was held open for the ensuing month during which she neither returned to work nor communicated with the employer. Thereafter it supplanted her with a newly hired bookkeeper. In this factual posture the Referee found "that claimant in fact provoked the employer into discharging her" and held "that the discharge becomes equivalent to a voluntary leaving of employment without good cause". On appeal the board adopting his findings and conclusion affirmed. There is substantial evidence to support its decision. ( Matter of Selle [ Lubin], 286 App. Div. 1058; Matter of Ianni [ Catherwood], 14 A.D.2d 469.) Decision unanimously affirmed, without costs.