IN THE MATTER OF RODRIGUEZ


6 A.D.3d 914 (2004)

774 N.Y.S.2d 456

In the Matter of the Claim of ROLANDO RODRIGUEZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

April 15, 2004.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was discharged from his employment as a porter due to disqualifying misconduct. The record establishes that claimant took an unauthorized break despite being on final warning regarding such conduct. It is well settled that failure to adhere to one's scheduled work hours, particularly after prior warnings have been issued, can constitute disqualifying misconduct (

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