In re the Claim of Laing

Appellate Division of the Supreme Court of New York

In re the Claim of Laing

220 A.D.2d 920, 632 N.Y.S.2d 319, 1995 N.Y. App. Div. LEXIS 10164

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

DecidedOctober 19, 1995

StatusPublished

This text of 220 A.D.2d 920 (In re the Claim of Laing) 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 Laing, 220 A.D.2d 920, 632 N.Y.S.2d 319, 1995 N.Y. App. Div. LEXIS 10164 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 22, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a warehouse worker for a food distribution company, was terminated from his employment after reporting to work late. The Board denied his claim for unemployment insurance benefits on the basis that claimant was terminated for misconduct. Claimant contends that the reason he was late to work was because he overslept and asserts that the Board’s decision is not supported by substantial evidence. We disagree. Claimant admitted that he was late for work on the date at issue, and the record reflects that he had received prior warnings concerning his tardiness. Such behavior constitutes misconduct disqualifying claimant from receiving unemployment insurance benefits (see, Matter of Mosley [Hudacs], 207 AD2d 942; Matter of Hahn [Hudacs], 206 AD2d 582). Accordingly, the Board’s decision must be upheld.

Cardona, P. J., Mercure, Crew III, Casey 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 September 22, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a warehouse worker for a food distribution company, was terminated from his employment after reporting to work late. The Board denied his claim for unemployment insurance benefits on the basis that claimant was terminated for misconduct. Claimant contends that the reason he was late to work was because he overslept and asserts that the Board’s decision is not supported by substantial evidence. We disagree. Claimant admitted that he was late for work on the date at issue, and the record reflects that he had received prior warnings concerning his tardiness. Such behavior constitutes misconduct disqualifying claimant from receiving unemployment insurance benefits (see, Matter of Mosley [Hudacs], 207 AD2d 942; Matter of Hahn [Hudacs], 206 AD2d 582). Accordingly, the Board’s decision must be upheld.

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

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Bluebook (online)

220 A.D.2d 920, 632 N.Y.S.2d 319, 1995 N.Y. App. Div. LEXIS 10164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-laing-nyappdiv-1995.

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