Legal Opinion

In re the Claim of Kessler

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

Decided April 29, 1993PublishedCited by 3 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 6, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant’s discharge for failing to properly call in to report that he would be absent due to illness constituted misconduct (see, Matter of Grosso [Levine], 52 AD2d 964; Matter of Mankowski [Levine], 50 AD2d 962). Claimant’s employer had warned…

2Cases cited4 opinions

  1. In re the Claim of PadillaAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re the Claim of DouglasAppellate Division of the Supreme Court of the State of New York · 1988
  3. In re the Claim of MichelfelderAppellate Division of the Supreme Court of the State of New York · 1981
  4. In re the Claim of GrossoAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by3 opinions

  1. In re the Claim of SeguinAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Claim of MaxwellAppellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Claim of JensenAppellate Division of the Supreme Court of the State of New York · 1997

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