MATTER OF PORTER


38 A.D.3d 1086 (2007)

831 N.Y.S.2d 778

In the Matter of the Claim of TIFFANY R. PORTER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 15, 2007.


Claimant worked as a closing shift manager for a department store. Despite prior warnings concerning her absenteeism, claimant failed to report to work or call in on two separate dates and her employment was terminated. The Unemployment Insurance Appeal Board disqualified her from receiving unemployment insurance benefits on the ground that her employment was terminated due to misconduct, prompting this appeal.

A claimant's failure, despite repeated warnings, to abide...

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