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In the Matter of Serafin

Appellate Division of the Supreme Court of New York, Third Department
Nov 23, 2005
23 A.D.3d 980 (N.Y. App. Div. 2005)

Opinion

98264.

November 23, 2005.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 26, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Craig P. Serafin, Amherst, appellant pro se.

Before: Cardona, P.J., Mercure, Spain, Carpinello and Kane, JJ., concur.


Claimant was discharged from his position as a customer service agent after he failed to call his employer to report that he would be absent because he was unable to repair a flat tire on his vehicle. He had previously received a final warning that he would be terminated if his absenteeism problems continued. The Unemployment Insurance Appeal Board disqualified him from receiving unemployment insurance benefits on the ground that he was terminated due to misconduct. Claimant now appeals.

"It is well settled that an employee's failure to report to work or to abide by an employer's call-in policy can constitute disqualifying misconduct" ( Matter of Kurtz [City of New York — Commissioner of Labor], 12 AD3d 770, 771 [citations omitted]). Here, although claimant called the employer's hotline and left a message that he would be late, he did not call again to report that he would be absent when it became apparent that he would not be able to immediately repair the tire. In addition, contrary to the employer's call-in policy, he did not speak with his supervisor. Under these circumstances, substantial evidence supports the Board's decision ( see Matter of Hughes [Commissioner of Labor], 283 AD2d 753, 753; Matter of McPhail [Commissioner of Labor], 277 AD2d 559, 560).

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Serafin

Appellate Division of the Supreme Court of New York, Third Department
Nov 23, 2005
23 A.D.3d 980 (N.Y. App. Div. 2005)
Case details for

In the Matter of Serafin

Case Details

Full title:In the Matter of the Claim of CRAIG P. SERAFIN, Appellant. COMMISSIONER OF…

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

Date published: Nov 23, 2005

Citations

23 A.D.3d 980 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8933
804 N.Y.S.2d 477