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MATTER OF BROWN

176 A.D.2d 425 (1991)

In the Matter of the Claim of Christopher J. Brown, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

September 26, 1991

There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant's late return from lunch, though only by a few minutes, constituted misconduct (see, Matter of Estrada [Levine], 49 A.D.2d 774). During the approximately 10 months that claimant worked for his employer he was absent from work numerous times. His probationary...

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