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Matter of Scott

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 811 (N.Y. App. Div. 1994)

Opinion

June 2, 1994

Appeal from the Unemployment Insurance Appeal Board.


The record contains substantial evidence to support the Board's determination that claimant was discharged for misconduct from his position as a freezer clerk for a wholesale food distributor. Claimant was terminated because of repeated absences and failure to call in and report his absences, despite prior warnings. Significantly, the Board was free to disbelieve claimant's explanation of his conduct and to credit the testimony of the employer's witness.

Mikoll, J.P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Scott

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 811 (N.Y. App. Div. 1994)
Case details for

Matter of Scott

Case Details

Full title:In the Matter of the Claim of CLARENCE SCOTT, Appellant. JOHN F. HUDACS…

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

Date published: Jun 2, 1994

Citations

205 A.D.2d 811 (N.Y. App. Div. 1994)
615 N.Y.S.2d 293

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