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MATTER OF JACOB

240 A.D.2d 798 (1997)

In the Matter of the Claim of Nagi A. Jacob, Respondent. Arab Banking Corporation, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

June 5, 1997

Substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant was entitled to receive unemployment insurance benefits. Although we agree with the Board's conclusion that claimant exercised poor judgment in giving his employer short notice regarding his medical leave of absence, thereby justifying his termination, poor judgment does not automatically constitute disqualifying misconduct (see

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