In re the Claim of McMillan

Appellate Division of the Supreme Court of New York

In re the Claim of McMillan

167 A.D.2d 795, 563 N.Y.S.2d 353, 1990 N.Y. App. Div. LEXIS 14117

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

DecidedNovember 29, 1990

StatusPublished

This text of 167 A.D.2d 795 (In re the Claim of McMillan) 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 McMillan, 167 A.D.2d 795, 563 N.Y.S.2d 353, 1990 N.Y. App. Div. LEXIS 14117 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 1988, which, upon reconsideration, adhered to its original decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

The record establishes that claimant was not only excessively absent during a two-year period, but was late a total of 70 days during a 10-month period. Claimant also refused to accept a transfer in her work shift which the employer deemed necessary due to this attendance record. Under these circumstances, the Unemployment Insurance Appeal Board’s determination disqualifying claimant from receiving benefits due to her misconduct was supported by substantial evidence (see, Matter of Douglas [Hartnett], 143 AD2d 458, 459).

Decision affirmed, without costs. Kane, J. P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 1988, which, upon reconsideration, adhered to its original decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

The record establishes that claimant was not only excessively absent during a two-year period, but was late a total of 70 days during a 10-month period. Claimant also refused to accept a transfer in her work shift which the employer deemed necessary due to this attendance record. Under these circumstances, the Unemployment Insurance Appeal Board’s determination disqualifying claimant from receiving benefits due to her misconduct was supported by substantial evidence (see, Matter of Douglas [Hartnett], 143 AD2d 458, 459).

Decision affirmed, without costs. Kane, J. P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.

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167 A.D.2d 795, 563 N.Y.S.2d 353, 1990 N.Y. App. Div. LEXIS 14117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcmillan-nyappdiv-1990.

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