Legal Opinion

In re the Claim of Pianoforte

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

Decided April 13, 2000PublishedCited by 4 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 26, 1999, which ruled that claimant was ineligible to receive unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment after he failed to comply with his employer’s call-in procedures regarding absences due to illness, notwithstanding having received prior warnings. Although claimant was aware of the call-in policy, he testified that because of his asthma and the medication he was taking, on several occasions he was unable to wake up in…

2Cases cited2 opinions

  1. In re the Claim of GarciaAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of RiveraAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. In re the Claim of HughesAppellate Division of the Supreme Court of the State of New York · 2001
  2. In re Stephany OO.Appellate Division of the Supreme Court of the State of New York · 2005
  3. In re JuneAppellate Division of the Supreme Court of the State of New York · 2003
  4. Matter of Lopez v. ReyesAppellate Division of the Supreme Court of the State of New York · 2019

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