In the Matter of the Claim of AUDREY M. SMITH

Decided and Entered: March 6, 2003
92505

In the Matter of the Claim of AUDREY M. SMITH,
Appellant.
COMMISSIONER OF LABOR,
Respondent.

Calendar Date: January 29, 2003
Before.....

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Decided and Entered: March 6, 2003 92505 ________________________________ In the Matter of the Claim of AUDREY M. SMITH, Appellant. COMMISSIONER OF LABOR, Respondent. ________________________________ Calendar Date: January 29, 2003 Before: Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ. __________ Audrey M. Smith, Ellisburg, appellant pro se. Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent. __________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 7, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as a seasonal parks and recreation aide due to disqualifying misconduct. The record establishes that claimant felt ill on the day in question, but disregarded the employer’s known policy to obtain permission from a supervisor before leaving early. Although claimant’s supervisor was working in the park, he was still accessible to claimant in order for her to ask permission before leaving. Leaving work without authorization (see Matter of Patrick [Commissioner of Labor], 251 AD2d 944; Matter of Brunetti [Sweeney], 215 AD2d 855) or failing to abide by workplace policy (see Matter of Sands [Sweeney], 243 AD2d 798) can constitute disqualifying misconduct. Claimant’s contention that she was unaware of such policy created a credibility issue for the Board to resolve (see Matter of Brunetti [Sweeney], supra). Under the circumstances presented, we find no reason to disturb the Board’s decision. Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur. ORDERED that the decision is affirmed, without costs. ENTER: Michael J. Novack Clerk of the Court

In the Matter of the Claim of AUDREY M. SMITH

Decided and Entered: March 6, 2003 92505 ________________________________ In the Matter of the Claim of AUDREY M. SMITH, Appellant. COMMISSIONER OF LABOR, Respondent. ________________________________ Calendar Date: January 29, 2003 Before.....

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Decided and Entered: March 6, 2003
92505

In the Matter of the Claim of AUDREY M. SMITH,
Appellant.
COMMISSIONER OF LABOR,
Respondent.

Calendar Date: January 29, 2003
Before.....