IN THE MATTER OF DINTINO


21 A.D.3d 1151 (2005)

800 N.Y.S.2d 788

In the Matter of the Claim of ANTONELLA D. DINTINO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 15, 2005.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as a residential counselor due to misconduct. The record establishes that claimant was on probationary status for excessive tardiness and absenteeism and had been informed that any further tardiness would not be tolerated. When claimant then called in late to work because she had overslept, she was discharged from her employment. Inasmuch as "[c...

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