Legal Opinion

In re the Claim of Scott

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

Decided June 2, 1994PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 8, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the Board’s determination that claimant was discharged for misconduct from his position as a freezer clerk for a wholesale food distributor. Claimant was terminated because of repeated absences and failure to call in and report his absences, despite prior warnings. Significantly, the Board was free to disbelieve…

2Cited by2 opinions

  1. In re the Claim of SadowskiAppellate Division of the Supreme Court of the State of New York · 2000
  2. In re the Claim of HeebAppellate Division of the Supreme Court of the State of New York · 1997

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