In re the Claim of Mahon

Appellate Division of the Supreme Court of New York

In re the Claim of Mahon

288 A.D.2d 740, 732 N.Y.S.2d 748, 2001 N.Y. App. Div. LEXIS 11155

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

DecidedNovember 21, 2001

StatusPublished

Cited by1 cases

This text of 288 A.D.2d 740 (In re the Claim of Mahon) 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 Mahon, 288 A.D.2d 740, 732 N.Y.S.2d 748, 2001 N.Y. App. Div. LEXIS 11155 (N.Y. Ct. App. 2001).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 15, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, employed by a temporary placement agency, was placed as a secretary with the employer’s client from March 2, 1999 until August 10, 1999. She was subsequently discharged from her employment after she failed to report to work on August 11, 1999 without notifying either the client or the employer. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. It is well settled that an employee’s unauthorized absence from work can be found to constitute disqualifying misconduct (see, Matter of Conforti [Commissioner of Labor], 268 AD2d 663; Matter of Burns [Commissioner of Labor], 259 AD2d 797). Claimant’s exculpatory explanation for her failure to report her absence presented a credibility issue for the Board to resolve (see, id.).

Mercure, 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 August 15, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, employed by a temporary placement agency, was placed as a secretary with the employer’s client from March 2, 1999 until August 10, 1999. She was subsequently discharged from her employment after she failed to report to work on August 11, 1999 without notifying either the client or the employer. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. It is well settled that an employee’s unauthorized absence from work can be found to constitute disqualifying misconduct (see, Matter of Conforti [Commissioner of Labor], 268 AD2d 663; Matter of Burns [Commissioner of Labor], 259 AD2d 797). Claimant’s exculpatory explanation for her failure to report her absence presented a credibility issue for the Board to resolve (see, id.).

Mercure, 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 740, 732 N.Y.S.2d 748, 2001 N.Y. App. Div. LEXIS 11155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mahon-nyappdiv-2001.

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