MATTER OF McMILLAN


167 A.D.2d 795 (1990)

In the Matter of the Claim of Lucille McMillan, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

November 29, 1990


The record establishes that claimant was not only excessively absent during a two-year period, but was late a total of 70 days during a 10-month period. Claimant also refused to accept a transfer in her work shift which the employer deemed necessary due to this attendance record. Under these circumstances, the Unemployment Insurance Appeal Board's determination disqualifying claimant from receiving benefits due to her misconduct was supported by substantial evidence (see...

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