In re the Claim of Tocantins
Opinion of the Court
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 20, 1991, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant admitted that on Thursday, March 22, 1990, she
Under these circumstances, the conclusion by the Unemployment Insurance Appeal Board that claimant realized or should have realized that her refusal to work that Friday was placing her job in jeopardy, and that her deliberate refusal to work that day constituted misconduct, is supported by substantial evidence and must be upheld (see, Matter of Valentin [American Museum of Natural History — Roberts], 103 AD2d 919; Matter of Bois [Levine], 53 AD2d 731). We also note that unauthorized absences from work have been held to constitute misconduct (see, Matter of Michelfelder [Ross], 80 AD2d 969; Matter of Goldfarb [Levine], 52 AD2d 965). To the extent that claimant’s arguments establish the existence of substantial evidence to support a decision in her favor, this fails to provide a reason to disturb a contrary decision which is also supported by substantial evidence (see, Matter of Baker [Hart-nett], 147 AD2d 790, appeal dismissed 74 NY2d 714).
Levine, J. P., Mercure, Mahoney, Casey and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.
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