MATTER OF ISKHAKOV


11 A.D.3d 872 (2004)

783 N.Y.S.2d 161

In the Matter of the Claim of ARIKHAY ISKHAKOV, Appellant. COMMISSIONER OF LABOR, Respondent.

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

October 28, 2004.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment as an ambulette driver due to misconduct. It is well settled that an unauthorized absence from work or failure to comply with the employer's known call-in policy have been held to constitute disqualifying misconduct (see Matter of Glowinski [Commissioner of Labor],...

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