MATTER OF SCOTT


205 A.D.2d 811 (1994)

615 N.Y.S.2d 293

In the Matter of the Claim of Clarence Scott, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

June 2, 1994


The record contains substantial evidence to support the Board's determination that claimant was discharged for misconduct from his position as a freezer clerk for a wholesale food distributor. Claimant was terminated because of repeated absences and failure to call in and report his absences, despite prior warnings. Significantly, the Board was free to disbelieve claimant's explanation of his conduct and to credit the testimony of the employer's witness.

Ordered that...

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