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IN RE: the Claim of Arlene EGELBERG, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 30, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant, an instructor at the American Language Institute at New York University, failed to report for her first week of assigned teaching in January 1996 and was discharged for violating the employer's policy which required instructors to inform the employer of any intended absences and/or substitute arrangements. Despite being aware of this policy, claimant arranged for a substitute to cover her classes well over a month before classes were scheduled to begin, yet failed to so inform her employer. We conclude that substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost her employment under disqualifying circumstances. An employee's knowing violation of an employer's established policies and procedures has been held to constitute disqualifying misconduct (see, Matter of Rothman [Sweeney], 242 A.D.2d 818, 661 N.Y.S.2d 1025; Matter of Derian [Sweeney], 239 A.D.2d 722, 657 N.Y.S.2d 262).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: November 13, 1997
Court: Supreme Court, Appellate Division, Third Department, New York.
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