In re the Claim of Hahn

Appellate Division of the Supreme Court of New York

In re the Claim of Hahn

206 A.D.2d 582, 615 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 7194

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

DecidedJuly 7, 1994

StatusPublished

Cited by3 cases

This text of 206 A.D.2d 582 (In re the Claim of Hahn) 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 Hahn, 206 A.D.2d 582, 615 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 7194 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 8, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant’s employment as a housekeeping aide for a hospital ended when she failed to report to work. Claimant had been previously warned that her excessive absenteeism and tardiness, for which she had been placed on probation, could [583]*583lead to her termination if it continued. The conflicting testimony merely presented a question of credibility for the Board to resolve. Under the circumstances, substantial evidence supports the Board’s decision that claimant’s actions amounted to misconduct, thereby disqualifying her from receiving unemployment insurance benefits.

Cardona, P. J., Mercure, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 8, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant’s employment as a housekeeping aide for a hospital ended when she failed to report to work. Claimant had been previously warned that her excessive absenteeism and tardiness, for which she had been placed on probation, could [583]*583lead to her termination if it continued. The conflicting testimony merely presented a question of credibility for the Board to resolve. Under the circumstances, substantial evidence supports the Board’s decision that claimant’s actions amounted to misconduct, thereby disqualifying her from receiving unemployment insurance benefits.

Cardona, P. J., Mercure, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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206 A.D.2d 582, 615 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 7194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-hahn-nyappdiv-1994.

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