MATTER OF RUSSO


286 A.D.2d 847 (2001)

730 N.Y.S.2d 374

In the Matter of the Claim of MICHAEL V. RUSSO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 27, 2001.


Claimant was discharged from his employment as a handyman at a residential community after he failed to notify his employer of his absence. Claimant contends that the decision of the Unemployment Insurance Appeal Board that he was discharged due to disqualifying misconduct is not supported by substantial evidence. We agree. Although an unexcused absence may justify an employee's discharge, under certain circumstances it may not rise to the level of disqualifying misconduct...

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