In re the Claim of Larsen

Appellate Division of the Supreme Court of New York

In re the Claim of Larsen

205 A.D.2d 815, 614 N.Y.S.2d 333, 1994 N.Y. App. Div. LEXIS 5809

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1994·Published

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 20, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

There is substantial evidence in the record to support the Board’s conclusion that claimant was discharged for miscon[816]*816duct because she failed to report to work as scheduled after a disability leave and did not initially contact the employer to explain the absence. Her contention that she had already been discharged by that time merely raised an issue of credibility for the Board to resolve.

Mercure, J. P., White, Casey, Weiss 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 20, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

There is substantial evidence in the record to support the Board’s conclusion that claimant was discharged for miscon[816]*816duct because she failed to report to work as scheduled after a disability leave and did not initially contact the employer to explain the absence. Her contention that she had already been discharged by that time merely raised an issue of credibility for the Board to resolve.

Mercure, J. P., White, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Larsen, 205 A.D.2d 815, 614 N.Y.S.2d 333, 1994 N.Y. App. Div. LEXIS 5809 (N.Y. Ct. App. 1994).

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