In re the Claim of Lewis

Appellate Division of the Supreme Court of New York

In re the Claim of Lewis

244 A.D.2d 750, 664 N.Y.S.2d 668, 1997 N.Y. App. Div. LEXIS 11741

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

DecidedNovember 20, 1997

StatusPublished

Cited by1 cases

This text of 244 A.D.2d 750 (In re the Claim of Lewis) 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.

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In re the Claim of Lewis, 244 A.D.2d 750, 664 N.Y.S.2d 668, 1997 N.Y. App. Div. LEXIS 11741 (N.Y. Ct. App. 1997).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 14, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was a hairstylist for the employer until she was discharged for excessive tardiness. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits upon its finding that she had engaged in disqualifying misconduct. The record reveals that claimant received three written warnings from her supervisor cautioning her that future incidents of tardiness could result in her termination. Following receipt of the third warning, claimant nonetheless arrived at work after her scheduled starting time and she was discharged. An employee’s excessive tardiness after oral or written warnings have been given has been held to constitute disqualifying misconduct (see, Matter of McCoy [Sweeney], 235 AD2d 879). Substantial evidence supports the finding that claimant lost her job due to misconduct and the Board’s decision is, accordingly, affirmed.

Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, 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 February 14, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was a hairstylist for the employer until she was discharged for excessive tardiness. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits upon its finding that she had engaged in disqualifying misconduct. The record reveals that claimant received three written warnings from her supervisor cautioning her that future incidents of tardiness could result in her termination. Following receipt of the third warning, claimant nonetheless arrived at work after her scheduled starting time and she was discharged. An employee’s excessive tardiness after oral or written warnings have been given has been held to constitute disqualifying misconduct (see, Matter of McCoy [Sweeney], 235 AD2d 879). Substantial evidence supports the finding that claimant lost her job due to misconduct and the Board’s decision is, accordingly, affirmed.

Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

244 A.D.2d 750, 664 N.Y.S.2d 668, 1997 N.Y. App. Div. LEXIS 11741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-lewis-nyappdiv-1997.

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