In re the Claim of Buyukcekmece
Cases that cite this one
5 later published cases cite this decision.
- Matter of Suchocki (Commr. of Labor) (Appellate Division of the Supreme Court of New York 2015)
- In re the Claim of Lewis (Appellate Division of the Supreme Court of New York 2012)
- Matter of Sanna (Island Props. & Assoc., LLC--Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2022)
- In re Donovan (Appellate Division of the Supreme Court of New York 2012)
- In re Donovan (Appellate Division of the Supreme Court of New York 2012)
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
Claimant worked as a server for a catering company for about a year and a half. He was discharged from his position after he was continually late for his shift despite repeated warnings. He applied for unemployment insurance benefits and, following a hearing, an Administrative Law Judge ruled that he was disqualified from receiving them because his employment was terminated for misconduct. The Unemployment Insurance Appeal Board, however, concluded that claimant’s tardiness was attributable to a medical condition and awarded claimant benefits. The employer appeals.
While an employee’s failure to report to work on time, despite repeated warnings, has been held to constitute disqualifying misconduct (see Matter of Cuccia [Martinez & Ritorto, P.C.— Commissioner of Labor], 55 AD3d 1115, 1116 [2008]; Matter of Bianco [Commissioner of Labor], 53 AD3d 1002, 1003 [2008], lv denied 11 NY3d 711 [2008]), the “loss of employment attributable to symptoms of a recognized illness will not constitute disqualifying misconduct” (Matter of Anumah [Commissioner of Labor], 60 AD3d 1216, 1217 [2009], lv denied 13 NY3d 706 [2009]; see Matter of Finn [Commissioner of Labor], 307 AD2d 509, 510 [2003]). Resolution of such an issue is a factual determination for the Board, and its decision will be upheld as long as it is supported by substantial evidence (see Matter of Green [Village of Hempstead — Commissioner of Labor], 80 AD3d 954, 955 [2011]; Matter of Sunderland [Nassau County Med. Ctr.— Roberts], 121 AD2d 779, 780 [1986]).
Rose, J.E, Malone Jr., Stein and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.