MATTER OF ANDERSON


260 A.D.2d 777 (1999)

687 N.Y.S.2d 821

In the Matter of the Claim of JOHN A. ANDERSON, Appellant. CARBORUNDUM ABRASIVES NORTH AMERICA, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided April 8, 1999.


Claimant was discharged for excessive tardiness from his position as a packer for an abrasives manufacturer, and the Unemployment Insurance Appeal Board disqualified him from receiving unemployment insurance benefits upon the basis that he was terminated for misconduct. Claimant maintains that his final incidence of lateness to work on March 10, 1998 did not constitute misconduct because it was caused by his child's day-care center's failure to open on time due to poor weather...

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