In re the Claim of Solanikow

Kane and Mikoll, JJ.,

dissent and vote to reverse in the following memorandum by Kane, J. Kane, J. (dissenting). Claimant was employed as a loading clerk and was absent from work for three days beginning on November 29, 1976. He returned to work on December 2, 1976, but was fired shortly after beginning work that day. The referee, in sustaining the Industrial Commissioner’s initial determination that claimant was disqualified from benefits because of loss of employment through misconduct, found that claimant was discharged because of his absence from work without proper notification to his…