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MATTER OF PATTERSON

50 A.D.2d 703 (1975)

In the Matter of the Claim of Bobbie J. Patterson, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 26, 1975

A finding of misconduct is a factual one and solely within the province of the board, and its decision, when supported by substantial evidence, which is the situation here, must be affirmed. Absenteeism, after a warning of the consequences upon recurrence, is equivalent to misconduct (cf. Matter of Rivera [Levine], 47 A.D.2d 569). Claimant's protestations concerning the receipt of hearsay evidence are without merit (Labor Law, &...

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