Opinion
92505
Decided and Entered: March 6, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 7, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Audrey M. Smith, Ellisburg, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Before: Mercure, J.P., Crew III, Peters, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as a seasonal parks and recreation aide due to disqualifying misconduct. The record establishes that claimant felt ill on the day in question, but disregarded the employer's known policy to obtain permission from a supervisor before leaving early. Although claimant's supervisor was working in the park, he was still accessible to claimant in order for her to ask permission before leaving. Leaving work without authorization (see Matter of Patrick [Commissioner of Labor], 251 A.D.2d 944; Matter of Brunetti [Sweeney], 215 A.D.2d 855) or failing to abide by workplace policy (see Matter of Sands [Sweeney], 243 A.D.2d 798) can constitute disqualifying misconduct. Claimant's contention that she was unaware of such policy created a credibility issue for the Board to resolve (see Matter of Brunetti [Sweeney], supra). Under the circumstances presented, we find no reason to disturb the Board's decision.
Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur.
ORDERED that the decision is affirmed, without costs.