IN RE: the Claim of Kevin J. SVETLICH

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

IN RE: the Claim of Kevin J. SVETLICH, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.

Decided: February 27, 1997

Before CREW, J.P., and WHITE, CASEY, YESAWICH and PETERS, JJ. Wilf & Silverman (Mark A. Rothberg, of counsel), Short Hills, New Jersey, for appellant. Dennis C. Vacco, Attorney General (Bessie Bazile, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 29, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

 Claimant, a waiter, requested permission to take six days off from work so that he could take a vacation.   The employer denied claimant's request because the time that claimant planned to be absent included a busy holiday weekend.   Claimant nevertheless took his vacation and, upon his return, was discharged from his employment for failing to report for work as scheduled.   The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct.   We affirm.   An employee's unauthorized absence from work constitutes misconduct (see generally, Matter of Gonzales [Phipps Houses Servs. - Hudacs], 202 A.D.2d 812, 609 N.Y.S.2d 391;  Matter of Valycheva [Hudacs], 189 A.D.2d 1051, 592 N.Y.S.2d 881).   This is particularly true where, as here, the absence is detrimental to the employer's interest (see, Matter of Chapman [Hudacs], 190 A.D.2d 941, 593 N.Y.S.2d 602).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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