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Matter of the Claim of Owens

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 2003
306 A.D.2d 608 (N.Y. App. Div. 2003)

Opinion

93056

Decided and Entered: June 5, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 1, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Dominique Owens, Monroe, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee of counsel), respondent.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from her employment as a financial services representative by the employer bank after being absent from work without authorization. The record discloses that claimant had been granted approval to take three days off from work provided that she could find another employee to take her place. Although she was unable to find a replacement to cover one of the three days, claimant nonetheless took all three days off. Substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost her employment under disqualifying circumstances. It is well settled that an employee's unauthorized absence from work may constitute disqualifying misconduct (see Matter of Mahon [Commissioner of Labor], 288 A.D.2d 740, lv denied 97 N.Y.2d 612; Matter of Tordsen [Commissioner of Labor], 287 A.D.2d 935, 936). The exculpatory explanations proffered by claimant presented issues of credibility for the Board to resolve (see Matter of Conforti [Commissioner of Labor], 268 A.D.2d 663).

Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Owens

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 2003
306 A.D.2d 608 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Owens

Case Details

Full title:In the Matter of the Claim of DOMINIQUE OWENS, Appellant. COMMISSIONER OF…

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

Date published: Jun 5, 2003

Citations

306 A.D.2d 608 (N.Y. App. Div. 2003)
759 N.Y.S.2d 713

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