From Casetext: Smarter Legal Research

In re Svetlich

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1997
236 A.D.2d 762 (N.Y. App. Div. 1997)

Opinion

February 27, 1997.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 29, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Before: Crew III, J.P., White, Casey, Yesawich Jr. and Peters, JJ.


Claimant, a waiter, requested permission to take six days off from work so that he could take a vacation. The employer denied claimant's request because the time that claimant planned to be absent included a busy holiday weekend. Claimant nevertheless took his vacation and, upon his return, was discharged from his employment for failing to report for work as scheduled. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct. We affirm. An employee's unauthorized absence from work constitutes misconduct ( see generally, Matter of Gonzales [Phipps Houses Servs.Hudacs], 202 AD2d 812; Matter of Valycheva [Hudacs], 189 AD2d 1051). This is particularly true where, as here, the absence is detrimental to the employer's interest ( see, Matter of Chapman [Hudacs], 190 AD2d 941).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Svetlich

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1997
236 A.D.2d 762 (N.Y. App. Div. 1997)
Case details for

In re Svetlich

Case Details

Full title:In the Matter of the Claim of KEVIN J. SVETLICH, Appellant. JOHN E…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 27, 1997

Citations

236 A.D.2d 762 (N.Y. App. Div. 1997)
654 N.Y.S.2d 47

Citing Cases

Matter of the Claim of Coaxum

Although the employer authorized claimant to take a two week vacation, she failed to return to work as…

Matter of the Claim of Albanese

The Board's determination that claimant lost his employment under disqualifying circumstances was supported…