Citation Numbers: 178 A.D.2d 704, 577 N.Y.S.2d 166, 1991 N.Y. App. Div. LEXIS 16020
Filed Date: 12/5/1991
Status: Precedential
Modified Date: 10/31/2024
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 14, 1991, 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.
The conclusion by the Unemployment Insurance Appeal Board that claimant’s absence from work to visit his family was not a compelling reason, and that his actions therefore constituted misconduct disqualifying him from receiving unemployment insurance benefits, is supported by substantial evidence and must be upheld. Claimant testified that he could not remember if he received prior permission to be absent. However, the employer’s representative testified that no advance permission had been given and that claimant had
Mahoney, P. J., Casey, Levine, Mercure and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.