In re the Claim of Survilla
Cases that cite this one
2 later published cases cite this decision.
- In re the Claim of Coronel (Appellate Division of the Supreme Court of New York 2003)
- In re the Claim of Maxwell (Appellate Division of the Supreme Court of New York 2003)
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 February 18, 2000, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a full-time housekeeper for the employer after approximately three months. In our view, substantial evidence supports the Unemployment Insurance Appeal Board’s ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. It is well settled that an unauthorized absence from one’s employment after having been warned about poor attendance may constitute disqualifying misconduct (see, Matter of Williams [Commissioner of Labor], 274 AD2d 805; Matter of Sadowski [Star Corrugated Box Co. — Commissioner of Labor], 268 AD2d 752). Likewise, the failure to comply with an employer’s reasonable request can be held to constitute misconduct (see, Matter of Pierro [Gwydir Co. — Commissioner of Labor], 280 AD2d 750; Matter of Armbruster, 278 AD2d 726).
We have examined petitioner’s remaining contentions and, to the extent they are preserved for appellate review, find them to be without merit.
Cardona, P. J., Her cure, Crew III, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.