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IN THE MATTER OF SHAYO
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment as an accounts receivable/data entry clerk without good cause. On the day in question, claimant was told by her supervisor that she was to work until 4:20 P.M., allowing her to leave three hours before sunset in observance of the Jewish holy day. Despite a denial by her supervisor and the owner of the company of her request to leave earlier, claimant left work for a medical appointment at 3:00 P.M. Leaving work early without authorization in disregard of a supervisor's directive can disqualify a claimant from receiving unemployment insurance benefits (see e.g. Matter of Gorton [Genesee County Ch. NYSARC — Commissioner of Labor], 1 A.D.3d 682; Matter of Unterman [Commissioner of Labor], 293 A.D.2d 801, 802) and can be construed as job abandonment. The conflicting testimony as to whether claimant left at the end of her scheduled shift presented a credibility issue for the Board to resolve (see Matter of Tordsen [Commissioner of Labor], 287 A.D.2d 935, 936;Matter of Diallo [Commissioner of Labor], 263 A.D.2d 608).
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.
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