Opinion
July 14, 1997
Appeal from the Unemployment Insurance Appeal Board.
Claimant worked as a health club employee for the employer hotel chain until he was discharged in July 1991 due to his unauthorized absence from work despite prior warnings. We find substantial evidence to support the Unemployment Insurance Appeal Board's ruling that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. An employee's unauthorized absence from work has been found to constitute disqualifying misconduct (see, Matter of Ponce [Hudacs], 209 A.D.2d 756, 757) as has the failure to follow established procedures regarding notification of absences (see, Matter of Caravan [Hartnett], 179 A.D.2d 972). Claimant's assertion that he appropriately notified his employer regarding the absence raised an issue of credibility which was within the province of the Board to resolve (see, Matter of Franco [Hudacs], 207 A.D.2d 577).
Casey, J. P., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur.
Ordered that the decision is affirmed, without costs.