MATTER OF FERNANDEZ


238 A.D.2d 704 (1997)

656 N.Y.S.2d 424

In the Matter of the Claim of Miguel A. Fernandez, Appellant John E. Sweeney, as Commissioner of Labor, Respondent

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

April 10, 1997


Claimant was discharged from his employment after leaving work early without permission. Claimant's application for unemployment insurance benefits was denied upon the Unemployment Insurance Appeal Board's finding that claimant was terminated for misconduct.

Although claimant asserts that he was permitted to leave work to attend a doctor's appointment, the Board found otherwise after accepting the employer's testimony to the contrary. The Board is entitled to resolve...

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