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MATTER OF LARSEN

205 A.D.2d 815 (1994)

614 N.Y.S.2d 333

In the Matter of the Claim of Donna L. Larsen, 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

There is substantial evidence in the record to support the Board's conclusion that claimant was discharged for misconduct because she failed to report to work as scheduled after a disability leave and did not initially contact the employer to explain the absence. Her contention that she had already been discharged by that time merely raised an issue of credibility for the Board to resolve.

Ordered that the decision is affirmed...

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