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IN THE MATTER OF CLAIM OF KURTZ

12 A.D.3d 770 (2004)

783 N.Y.S.2d 434

In the Matter of the Claim of ROBERT M. KURTZ, Appellant. CITY OF NEW YORK, Respondent; COMMISSIONER OF LABOR, Respondent.

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

November 4, 2004.

Claimant worked as a laborer for the Department of Environmental Protection of the City of New York. As a result of his failure to call in or report to work on August 14, 2003, he was terminated from his position. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that his employment was terminated due to misconduct. He now appeals.

We affirm. It is well settled that an employee's failure to report...

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