In re the Claim of Karp
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 2, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was discharged from her employment as a clerk for the State Insurance Fund after failing to provide appropriate documentation regarding her unauthorized absence from work. The record establishes that following claimant’s arrest pursuant to a bench warrant on May 27, 1998, she advised her supervisor that she could not report to work due to her incarceration. Claimant did not post bail and remained in jail until June 11, 1998. In the interim, by letter dated June 1, 1998, the employer sent claimant a letter acknowledging her arrest and informing her that because her absence from work was unauthorized, she was required to provide appropriate explanatory documentation by June 10, 1998. When claimant failed to comply with this request, she was discharged for abandoning her employment.
The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits due to her own misconduct, and we find substantial evidence in the record to support the decision (see, Matter of Greer [Commissioner of Labor], 257 AD2d 944). Notably, claimant conceded at the hearing that she was arrested on a bench warrant on the date in question and thereafter failed to post bail, allegedly because no one would assist her in this regard. When the Administrative Law Judge asked claimant why she did not contact a bail bond
Cardona, P. J., Mercure, Crew III, Spain and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.