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IN THE MATTER OF JIMENEZ

Appellate Division of the Supreme Court of New York, Third Department.
Jan 2, 2003
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MEMORANDUM AND ORDER

Claimant was discharged from his employment as a tailor and co-manager of a clothing store after he failed to abide by the employer's absentee policy of calling in prior to the beginning of his shift. The employer's witness testified that claimant was informed at monthly meetings that the employer must be notified of absences at least a half hour prior to the beginning of the shift. Here, claimant failed to call in sick to work until several hours after his shift began. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was discharged under disqualifying circumstances (see Matter of Garcia [Commissioner of Labor], 256 A.D.2d 786; Matter of Caravan [Hartnett], 179 A.D.2d 972).

Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur.

ORDERED that the decision is affirmed, without costs.