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Matter of the Claim of Nyack

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2003
304 A.D.2d 1002 (N.Y. App. Div. 2003)

Opinion

92341

April 17, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 17, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Beryl Nyack, New York City, appellant pro se.

Before: Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ.


MEMORANDUM AND ORDER

Claimant was employed as a mail carrier for the US Postal Service until her discharge for repeated lateness, which persisted despite numerous written warnings that continued tardiness could result in her termination. Chronic lateness, following adequate warnings, may disqualify a claimant from receiving benefits (see Matter of Chapman [Commissioner of Labor], 275 A.D.2d 857; Matter of Manjarrez [Sweeney], 224 A.D.2d 872, 873). Claimant does not deny that she was chronically late, but asserts that her difficulties were usually caused by her lengthy commute and the fact that her children's day care provider would not accept her children sufficiently early in the morning to enable her to arrive at work on time. However, the record shows no indication that she attempted to secure alternate child care arrangements that would have accommodated her need to be on time, thereby protecting her employment (see Matter of Huntt [Commissioner of Labor], 257 A.D.2d 760, 761; Matter of Ducat [Sweeney], 231 A.D.2d 796). Based on the circumstances presented here, substantial evidence supports the decision of the Unemployment Insurance Appeal Board.

Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Nyack

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2003
304 A.D.2d 1002 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Nyack

Case Details

Full title:In the Matter of the Claim of BERYL A. NYACK, Appellant. COMMISSIONER OF…

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

Date published: Apr 17, 2003

Citations

304 A.D.2d 1002 (N.Y. App. Div. 2003)
759 N.Y.S.2d 215

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