In re the Claim of Dowe
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 23, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant, an administrative assistant, was discharged from his employment following allegations that he failed to inform his employer that he was unable to complete an assignment. Notably, claimant had previously been warned on several occasions about such misconduct. We reject claimant’s contention that the Unemployment Insurance Appeal Board’s decision is not supported by substantial evidence. “It is well settled that employee behavior that is detrimental to an employer’s interest and persists despite * * * warnings can be construed as disqualifying misconduct” (Matter of Seely [Reconstruction Home — Commissioner of Labor], 263 AD2d 650, 650-651 [cita
Crew III, J. P., Peters, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.