Legal Opinion

In re the Claim of Garcia

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

Decided December 10, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 31, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a phlebotomist after he failed to comply with the employer’s call-in procedures pertaining to absences due to illness, notwithstanding having received prior warnings and a suspension regarding similar conduct. Although claimant was aware of the employer’s…

2Cases cited2 opinions

  1. In re the Claim of SahagianAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Claim of VolatAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by3 opinions

  1. In re the Claim of GranekAppellate Division of the Supreme Court of the State of New York · 1999
  2. In re the Claim of JimenezAppellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Claim of PianoforteAppellate Division of the Supreme Court of the State of New York · 2000

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