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Matter of Strozewski

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 1985
114 A.D.2d 744 (N.Y. App. Div. 1985)

Opinion

October 31, 1985

Appeal from the Unemployment Insurance Appeal Board.


The Unemployment Insurance Appeal Board found that claimant lost his employment as a security guard due to misconduct for having failed to punch time clocks during his rounds, despite prior warnings that he was required to do so. Since the record contains evidence that on the date in question claimant failed to punch the time clocks for a three-hour period, evidence which the Board apparently credited, we reject claimant's argument that the decision is not supported by substantial evidence.

Claimant also raises a procedural objection concerning his absence during one of the hearings, which claimant argues deprived him of the opportunity to defend himself. The record establishes that claimant actually received notice of the hearing, which was sent to the mailing address given by claimant, and we find no infringement of any due process right. In the circumstances presented here, we agree with the Commissioner of Labor's suggestion that claimant's objection should be presented to the Board in an application to reopen its decision.

Decision affirmed, without costs. Mahoney, P.J., Kane, Main, Casey and Weiss, JJ., concur.


Summaries of

Matter of Strozewski

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 1985
114 A.D.2d 744 (N.Y. App. Div. 1985)
Case details for

Matter of Strozewski

Case Details

Full title:In the Matter of the Claim of FERDINAND J. STROZEWSKI, Appellant. LILLIAN…

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

Date published: Oct 31, 1985

Citations

114 A.D.2d 744 (N.Y. App. Div. 1985)

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