In re the Claim of Phillips

Appellate Division of the Supreme Court of New York

In re the Claim of Phillips

49 A.D.2d 970, 373 N.Y.S.2d 838, 1975 N.Y. App. Div. LEXIS 11277

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

DecidedOctober 23, 1975

StatusPublished

This text of 49 A.D.2d 970 (In re the Claim of Phillips) 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 Phillips, 49 A.D.2d 970, 373 N.Y.S.2d 838, 1975 N.Y. App. Div. LEXIS 11277 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 16, 1975, which disqualified claimant from receiving benefits because he lost his employment through his own misconduct. Claimant’s absenteeism and tardiness are admitted and were violative of the terms of his employment. The last violation occurred within a few days of a stern warning by the employer advising claimant that any further violation would result in his discharge. The board found that such behavior constituted misconduct and disqualified claimant from receiving benefits. This decision is supported by substantial evidence and must, therefore, be affirmed (cf. Matter of Rivera [Levine], 47 AD2d 569). The claimant’s contention that he was deprived of an opportunity to cross-examine his employer concerning a statement made by the employer to the referee is entirely without merit because the employer’s statement was irrelevant. Decision affirmed, without costs. Sweeney, J. P., Kane, Koreman, Main and Larkin, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 16, 1975, which disqualified claimant from receiving benefits because he lost his employment through his own misconduct. Claimant’s absenteeism and tardiness are admitted and were violative of the terms of his employment. The last violation occurred within a few days of a stern warning by the employer advising claimant that any further violation would result in his discharge. The board found that such behavior constituted misconduct and disqualified claimant from receiving benefits. This decision is supported by substantial evidence and must, therefore, be affirmed (cf. Matter of Rivera [Levine], 47 AD2d 569). The claimant’s contention that he was deprived of an opportunity to cross-examine his employer concerning a statement made by the employer to the referee is entirely without merit because the employer’s statement was irrelevant. Decision affirmed, without costs. Sweeney, J. P., Kane, Koreman, Main and Larkin, JJ., concur.

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Bluebook (online)

49 A.D.2d 970, 373 N.Y.S.2d 838, 1975 N.Y. App. Div. LEXIS 11277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-phillips-nyappdiv-1975.