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MATTER OF SCHNEIDERMAN

49 A.D.2d 779 (1975)

In the Matter of the Claim of Irving M. Schneiderman, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

September 18, 1975

There is substantial evidence in the record to sustain the board's finding of misconduct based on the proof that claimant left his work early without permission after having been previously warned that his attendance record would have to improve or disciplinary action would be taken. In light of Matter of James (Levine) (34 N.Y.2d 491), we are not persuaded by claimant's contention that there is no basis for the board's rescinding...

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