In re the Claim of Yager

Appellate Division of the Supreme Court of New York

In re the Claim of Yager

304 A.D.2d 970, 757 N.Y.S.2d 634, 2003 N.Y. App. Div. LEXIS 3838

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

DecidedApril 10, 2003

StatusPublished

Cited by1 cases

This text of 304 A.D.2d 970 (In re the Claim of Yager) 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 Yager, 304 A.D.2d 970, 757 N.Y.S.2d 634, 2003 N.Y. App. Div. LEXIS 3838 (N.Y. Ct. App. 2003).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 12, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was discharged from his employment as a certified nursing assistant due to disqualifying misconduct. The record establishes that claimant did not report to work on three consecutive days due to illness and, despite the employer’s repeated requests, he failed to provide supporting medical documentation prior to his discharge to excuse his absence. As a probationary employee who worked for the employer less than two months, claimant was aware that failure to provide such documentation could result in his termination. Claimant’s contention that he was too ill to send in the medical documentation in a timely fashion created a credibility issue for the Board to resolve (see Matter of Armbruster [Commissioner of Labor], 278 AD2d 726 [2000]). Under these circumstances, we find no reason to disturb the Board’s decision (see Matter of Kreppel [Hartnett], 173 AD2d 1001 [1991]).

Cardona, P.J., Mercure, Peters, Spain and Rose, 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 September 12, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was discharged from his employment as a certified nursing assistant due to disqualifying misconduct. The record establishes that claimant did not report to work on three consecutive days due to illness and, despite the employer’s repeated requests, he failed to provide supporting medical documentation prior to his discharge to excuse his absence. As a probationary employee who worked for the employer less than two months, claimant was aware that failure to provide such documentation could result in his termination. Claimant’s contention that he was too ill to send in the medical documentation in a timely fashion created a credibility issue for the Board to resolve (see Matter of Armbruster [Commissioner of Labor], 278 AD2d 726 [2000]). Under these circumstances, we find no reason to disturb the Board’s decision (see Matter of Kreppel [Hartnett], 173 AD2d 1001 [1991]).

Cardona, P.J., Mercure, Peters, Spain and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

304 A.D.2d 970, 757 N.Y.S.2d 634, 2003 N.Y. App. Div. LEXIS 3838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-yager-nyappdiv-2003.

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