MATTER OF LESPIER


178 A.D.2d 704 (1991)

In the Matter of the Claim of David R. Lespier, Sr., Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

December 5, 1991


The conclusion by the Unemployment Insurance Appeal Board that claimant's absence from work to visit his family was not a compelling reason, and that his actions therefore constituted misconduct disqualifying him from receiving unemployment insurance benefits, is supported by substantial evidence and must be upheld. Claimant testified that he could not remember if he received prior permission to be absent. However, the employer's representative testified that no advance permission...

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