Legal Opinion

In re the Claim of Patricio

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

Decided March 9, 2017Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 7, 2015, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct.

Claimant was terminated from his employment as a security agent after failing to timely report for work on January 15, 2015. Accepting claimant’s explanation that his car broke down en route to work and that his phone was not functioning, the Department of Labor found him eligible for unemployment insurance benefits. The employer contested the determination and, at…

2Cases cited3 opinions

  1. In re the Claim of SchafferAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re the Claim of GambinoAppellate Division of the Supreme Court of the State of New York · 2002
  3. In re the Claim of GordonAppellate Division of the Supreme Court of the State of New York · 2008

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