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MATTER OF KESSLER

192 A.D.2d 1008 (1993)

597 N.Y.S.2d 229

In the Matter of the Claim of Judah A. Kessler, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

April 29, 1993

There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant's discharge for failing to properly call in to report that he would be absent due to illness constituted misconduct (see, Matter of Grosso [Levine], 52 A.D.2d 964; Matter of Mankowski [Levine], 50 A.D.2d 962). Claimant's employer had warned him about his excessive...

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