MATTER OF DOWLING


168 A.D.2d 727 (1990)

In the Matter of the Claim of Daniel P. Dowling, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

December 6, 1990


Even after repeated warnings from his employer, claimant continued to be late for work and, therefore, he was discharged. Claimant not only admits that he was late on several occasions, but he concedes that he was warned that this conduct was unacceptable. Under the circumstances, the determination that claimant's continued lateness constituted misconduct is supported by substantial evidence and must be upheld (see, Matter of Grosso [Levine],

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