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MATTER OF SANTIAGO

51 A.D.2d 1097 (1976)

In the Matter of the Claim of Luis Santiago, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 25, 1976

The record establishes that prior to September 11, 1974 the claimant had been warned that continual absenteeism on his part would result in being discharged. Nevertheless he was absent without any excuse except to fix his car for about five days commencing September 11, 1974 through September 16, 1974. The record contains substantial evidence to support the finding of misconduct and that when he told the local office he was laid...

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