Opinion
May 22, 1967
Appeal by the claimant from so much of a decision of the Unemployment Insurance Appeal Board as disqualified claimant from benefits on the grounds that he voluntarily left his employment without good cause by provoking his discharge (Labor Law, § 593, subd. 1, par. [a]). The findings in a given case of the reasons for claimant's separation from employment and that such separation was for "good cause" within the meaning of section 593 (subd. 1, par. [a]) of the Labor Law, are factual determinations and thus within the sole province of the board if supported by substantial evidence (e.g., Matter of Kansky [ Catherwood], 27 A.D.2d 887). The record shows that claimant had been warned about making an excessive number of personal telephone calls while on the job. He asserts the telephone calls for which he was discharged were either work connected or related to his National Guard status, but we cannot say on the instant record that the board could not properly find that the call which precipitated his discharge was "for purely personal reasons", that he failed to obey the employer's instruction to complete said call promptly, and that he was disrespectful to his supervisor, thus provoking his discharge. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Reynolds, J.