In re the Claim of Iskhakov
Cases that cite this one
6 later published cases cite this decision.
- In re Claim of Tahat (Appellate Division of the Supreme Court of New York 2009)
- Matter of Yura (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2024)
- In re the Claim of Lester (Appellate Division of the Supreme Court of New York 2011)
- In re the Claim of Jaquez (Appellate Division of the Supreme Court of New York 2010)
- In re the Claim of Ramirez (Appellate Division of the Supreme Court of New York 2008)
- In re the Claim of Mercure (Appellate Division of the Supreme Court of New York 2006)
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
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment as an ambulette driver due to misconduct. It is well settled that an unauthorized absence from work or failure to comply with the employer’s known call-in policy have been held to constitute disqualifying misconduct (see Matter of Glowinski [Commissioner of Labor], 5 AD3d 839 [2004]; Matter of Jimenez [Commissioner of Labor], 301 AD2d 716 [2003]). Here, claimant was aware of the employer’s absentee policy but failed to contact the employer about his absence until nine hours after his shift began. Claimant’s contention that he informed the employer of his absence created a credibility issue for the Board to resolve (see Matter of Jones [Commissioner of Labor], 307 AD2d 582 [2003]).
To the extent that claimant maintains that an interpreter was necessary, the record establishes that claimant failed to request such services and was able to understand and participate in the hearing (see Matter of Vega [Hartnett], 168 AD2d 727 [1990]; Matter of Ramsey [Ross], 63 AD2d 1061 [1978]). Claimant’s remaining contention has been reviewed 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.