MATTER OF STOLLER


51 A.D.2d 620 (1976)

In the Matter of the Claim of William Stoller, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

January 15, 1976


The claimant failed to report for work on Saturday, February 8, 1975. He had access to a telephone but did not call the employer to advise him of his absence. The claimant was aware of the company rule which required advising the employer if he intended to be absent. He had been previously notified of his unsatisfactory attendance record. The issues are factual and there is substantial evidence to sustain the decision of the board.

Decision affirmed,...

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