In re the Claim of Kryszak
Cases that cite this one
4 later published cases cite this decision.
- In re the Claim of Almanzar (Appellate Division of the Supreme Court of New York 2009)
- In re the Claim of Holder (Appellate Division of the Supreme Court of New York 2008)
- In re the Claim of Stuber (Appellate Division of the Supreme Court of New York 2006)
- In re the Claim of Garcia-Primer (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 October 30, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
It is well established that a claimant’s unauthorized absence from work, especially after repeated warnings, may constitute disqualifying misconduct (see Matter of Greenberg [Commissioner of Labor], 286 AD2d 794 [2001]; Matter of Sadowski [Star Corrugated Box — Commissioner of Labor], 268 AD2d 752 [2000]). In addition, a claimant who reports for work under the influence of alcohol may be found guilty of disqualifying misconduct unless evidence is presented to establish that he or she suffers from the disease of alcoholism (see Matter of Inscho [Commissioner of Labor], 301 AD2d 1006 [2003]; Matter of Daly [Sweeney], 244 AD2d 614, 615 [1997]). No such showing was made in this matter. Upon the record before us, we conclude that substantial evidence supports the Board’s finding that claimant’s employment was terminated under disqualifying circumstances (see Matter of Unterman [Commissioner of Labor], 293 AD2d 801 [2002]). The remaining issues raised herein have been examined and found to be without merit.
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.