In re the Claim of Kanber

Appellate Division of the Supreme Court of New York

In re the Claim of Kanber

288 A.D.2d 739, 732 N.Y.S.2d 747, 2001 N.Y. App. Div. LEXIS 11171

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

DecidedNovember 21, 2001

StatusPublished

Cited by2 cases

This text of 288 A.D.2d 739 (In re the Claim of Kanber) 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 Kanber, 288 A.D.2d 739, 732 N.Y.S.2d 747, 2001 N.Y. App. Div. LEXIS 11171 (N.Y. Ct. App. 2001).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 16, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, an account executive, requested a three-week leave in order to travel to Turkey and assist her in-laws following a devastating earthquake in that country. Although her three-week request was denied, her supervisor granted her leave from September 16, 1999 to September 26, 1999. Claim[740]*740ant, extending her leave by a week without contacting the employer, failed to return to work until October 4, 1999. Given claimant’s failure to return to work as scheduled, substantial evidence supports the Board’s decision that claimant lost her employment due to disqualifying misconduct (see generally, Matter of Nikkhah [Commissioner of Labor], 264 AD2d 896; Matter of Ardito [Commissioner of Labor], 254 AD2d 562). Furthermore, any conflict in the testimony presented created a credibility issue for the Board to resolve (see, Matter of Briones [Hudacs], 183 AD2d 1087).

Crew III, J. P., Peters, Spain, Carpinello and Lahtinen, 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 October 16, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, an account executive, requested a three-week leave in order to travel to Turkey and assist her in-laws following a devastating earthquake in that country. Although her three-week request was denied, her supervisor granted her leave from September 16, 1999 to September 26, 1999. Claim[740]*740ant, extending her leave by a week without contacting the employer, failed to return to work until October 4, 1999. Given claimant’s failure to return to work as scheduled, substantial evidence supports the Board’s decision that claimant lost her employment due to disqualifying misconduct (see generally, Matter of Nikkhah [Commissioner of Labor], 264 AD2d 896; Matter of Ardito [Commissioner of Labor], 254 AD2d 562). Furthermore, any conflict in the testimony presented created a credibility issue for the Board to resolve (see, Matter of Briones [Hudacs], 183 AD2d 1087).

Crew III, J. P., Peters, Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

288 A.D.2d 739, 732 N.Y.S.2d 747, 2001 N.Y. App. Div. LEXIS 11171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kanber-nyappdiv-2001.

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