In re the Claim of Gavin

Appellate Division of the Supreme Court of New York

In re the Claim of Gavin

52 A.D.2d 696, 382 N.Y.S.2d 388, 1976 N.Y. App. Div. LEXIS 12371

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 22, 1976

StatusPublished

This text of 52 A.D.2d 696 (In re the Claim of Gavin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Gavin, 52 A.D.2d 696, 382 N.Y.S.2d 388, 1976 N.Y. App. Div. LEXIS 12371 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 9, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 1, 1975 on the ground that he lost his employment through misconduct in connection therewith. The record reflects that claimant, during a period of employment of approximately five months, had a poor attendance record despite repeated warnings. Although aware of his obligation to call his employer when he was late or absent, he failed to call when absent and was terminated. Claimant complains, in his brief, that the employer did not appear at the hearing before the referee but the record reflects that claimant obtained a statement signed by his employer (in claimant’s handwriting) which he submitted to the referee. That statement and claimant’s own testimony furnish substantial evidence to support the board’s finding that claimant lost his employment through misconduct. Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 9, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 1, 1975 on the ground that he lost his employment through misconduct in connection therewith. The record reflects that claimant, during a period of employment of approximately five months, had a poor attendance record despite repeated warnings. Although aware of his obligation to call his employer when he was late or absent, he failed to call when absent and was terminated. Claimant complains, in his brief, that the employer did not appear at the hearing before the referee but the record reflects that claimant obtained a statement signed by his employer (in claimant’s handwriting) which he submitted to the referee. That statement and claimant’s own testimony furnish substantial evidence to support the board’s finding that claimant lost his employment through misconduct. Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

52 A.D.2d 696, 382 N.Y.S.2d 388, 1976 N.Y. App. Div. LEXIS 12371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gavin-nyappdiv-1976.