In re the Claim of Everette
Cases that cite this one
2 later published cases cite this decision.
- In re the Claim of Graham (Appellate Division of the Supreme Court of New York 2003)
- In re the Claim of Iglesias (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 21, 1996, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant, a roofer, was discharged from his employment for excessive unauthorized absences. The Unemployment Insurance Appeal Board denied claimant’s application for benefits on the ground that he was terminated for misconduct. Inasmuch as an employee’s unauthorized absence from work has been found to constitute disqualifying misconduct (see, Matter of Ashford [Sweeney], 242 AD2d 808), we affirm. The employer’s representative testified that claimant was absent for several days without permission and that he had been previously warned about his poor attendance record. Claimant’s contention that the employer authorized his absences and that he was never warned about his poor attendance record presented a credibility issue for the Board to resolve (see, Matter of Foster [Sweeney], 244 AD2d 628).
Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.