MATTER OF SHELTON


180 A.D.2d 997 (1992)

In the Matter of the Claim of Michael D. Shelton, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

February 27, 1992


Upon his late arrival to work on April 27, 1990, claimant, who had a history of attendance problems, asked his supervisor if he could leave work an hour early. Claimant not only admitted that he was told that he could not leave early, but he also testified that he was warned that if he did so, he would be discharged. Despite this warning and without permission, claimant left early. Under the circumstances, the Unemployment Insurance Appeal Board's decision that claimant's...

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