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MATTER OF MAHER

178 A.D.2d 739 (1991)

In the Matter of the Claim of Michael J. Maher, Jr., 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

Claimant lost his job of six years due to excessive tardiness. Prior to claimant's discharge, his employer followed company policy with respect to warning him and ultimately docking his pay because of his tardiness. Although claimant admitted that he knew that his job was in jeopardy, he made no attempt to change his daily routine to avoid being late. Under the circumstances, there is substantial evidence to support the decision...

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