MATTER OF CLAIM OF PATRICIO

523492.

148 A.D.3d 1343 (2017)

2017 NY Slip Op 01750

48 N.Y.S.3d 854

In the Matter of the Claim of IGNACIO E. PATRICIO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 9, 2017.


Claimant was terminated from his employment as a security agent after failing to timely report for work on January 15, 2015. Accepting claimant's explanation that his car broke down en route to work and that his phone was not functioning, the Department of Labor found him eligible for unemployment insurance benefits. The employer contested the determination and, at the hearing held on May 26, 2015, presented contrary evidence that claimant called in after his shift started...

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