IN RE: the Claim of Jacqueline GUARINO

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

IN RE: the Claim of Jacqueline GUARINO, Appellant. Commissioner of Labor, Respondent.

Decided: April 30, 1998

Before CARDONA, P.J., and MERCURE, WHITE, CARPINELLO and GRAFFEO, JJ. Jacqueline Guarino, New York City, in person. Dennis C. Vacco, Attorney General (Steven S. Park, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 4, 1997, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

 Claimant was employed as a cafeteria manager.   When her supervisor denied her request to miss a day of work in order to attend a parade in honor of the New York Yankees baseball team, claimant nonetheless took the day off.   Claimant was fired as a result and she was subsequently found to be disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct.   We affirm.   An employee's unauthorized absence from work has been found to constitute disqualifying misconduct (see, Matter of Boyle [Sweeney], 247 A.D.2d 809, 668 N.Y.S.2d 514).   This is particularly true in cases, such as the instant matter, where the absence is detrimental to the employer's interest (see, Matter of Svetlich [Sweeney], 236 A.D.2d 762, 654 N.Y.S.2d 47).   To the extent that claimant's version of the events that led to her dismissal was at variance with that of the employer, this constituted an issue of credibility for resolution by the Board (see, Matter of Jonassen [Sweeney], 233 A.D.2d 738, 650 N.Y.S.2d 1015).

ORDERED that the decision is affirmed, without costs.


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