MATTER OF MARTINEZ


306 A.D.2d 745 (2003)

760 N.Y.S.2d 367

In the Matter of the Claim of ROBERTO MARTINEZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 19, 2003.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left his employment as a delicatessen clerk without good cause after he failed to return to work following a two-week leave of absence. Failure to return to work following an authorized leave of absence has been held to constitute disqualifying misconduct (see Matter of Raykina [Commissioner of Labor], 304 A.D.2d 940

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