MATTER OF PHILLIPS


49 A.D.2d 970 (1975)

In the Matter of the Claim of Patrick Phillips, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 23, 1975


Claimant's absenteeism and tardiness are admitted and were violative of the terms of his employment. The last violation occurred within a few days of a stern warning by the employer advising claimant that any further violation would result in his discharge. The board found that such behavior constituted misconduct and disqualified claimant from receiving benefits. This decision is supported by substantial evidence and must, therefore, be affirmed (cf. Matter of Rivera...

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