Opinion
91386
September 12, 2002.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 4, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Nancy Iglesias, Astoria, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Steven Koton of counsel), for respondent.
Before: Cardona, P.J., Mercure, Peters, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
Claimant was employed as a security guard until she was discharged for excessive absences. The Unemployment Insurance Appeal Board subsequently found claimant to be disqualified from receiving unemployment insurance benefits on the ground that she lost her job due to misconduct. Substantial evidence supports the Board's decision in the form of the testimony given by the employer's operations manager, together with supporting documentation showing that claimant had been absent over 20 days in the year 2000 despite repeated warnings, both oral and written, that continued absences would result in her dismissal.
It is well settled that excessive absenteeism following written warnings may constitute disqualifying misconduct (see Matter of Luciano [Sweeney], 243 A.D.2d 797, 798; Matter of Heeb [Sweeney], 242 A.D.2d 772). Claimant's testimony, in which she disputed some of the statements made by the employer's witness, presented issues of credibility for resolution by the Board (see Matter of Everette [Sweeney], 247 A.D.2d 811). The remaining contentions raised herein have been reviewed and found to be without merit.
Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ., concur.
ORDERED that the decision is affirmed, without costs.