Appellate Division of the Supreme Court of New York, 2003

In re the Claim of Gorton

Appellate Division of the Supreme Court of New York · Decided November 6, 2003

1 A.D.2d 682; 766 N.Y.S.2d 920; 1 A.D.3d 682; 2003 N.Y. App. Div. LEXIS 11587

Cases that cite this one

10 later published cases cite this decision.

In re the Claim of Santos (Appellate Division of the Supreme Court of New York 2017)
In re the Claim of Santos (Appellate Division of the Supreme Court of New York 2017)
In re the Claim of Santos (Appellate Division of the Supreme Court of New York 2017)
In re Claim of Williams (Appellate Division of the Supreme Court of New York 2013)
In re Claim of Williams (Appellate Division of the Supreme Court of New York 2013)
In re the Claim of White (Appellate Division of the Supreme Court of New York 2008)
In re the Claim of Pedigo (Appellate Division of the Supreme Court of New York 2008)
In re the Claim of Peterson (Appellate Division of the Supreme Court of New York 2006)
In re the Claim of Waite (Appellate Division of the Supreme Court of New York 2004)
In re the Claim of Shayo (Appellate Division of the Supreme Court of New York 2004)

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 August 9, 2002, 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 an assistant residential manager at a group home when she left work an hour before the end of her shift. The record establishes that claimant’s supervisor denied her request to leave early and claimant was warned that it would be considered insubordination if she disregarded the supervisor’s directive. The Unemployment Insurance Appeal Board ruled that claimant lost her employment due to disqualifying misconduct.

We affirm. Leaving work early without authorization can constitute disqualifying misconduct (see Matter of Greenberg [Commissioner of Labor], 286 AD2d 794 [2001]; Matter of Patrick [La Salle School—Commissioner of Labor], 251 AD2d 944 [1998]). Although claimant maintains that she was otherwise without a ride home, the record establishes that she did not exhaust all possible transportation alternatives in order to protect her employment.

Mercure, J.P., Crew III, Mugglin, Rose and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.