IN RE: the Claim of Marie G. BIEN-AIME

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

IN RE: the Claim of Marie G. BIEN-AIME, Appellant. Commissioner of Labor, Respondent.

Decided: November 25, 1998

Before CARDONA, P.J., MERCURE, CREW, WHITE and YESAWICH, JJ. Marie Gerda Bien Aime, Springfield Garden, appellant in person. 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 5, 1996, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was discharged from her employment as a home health aide after she took a day off from work without obtaining proper authorization.   Claimant was previously warned that her job was in jeopardy due to similar absences.   Substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost her employment under disqualifying circumstances.   This court has held that a claimant's unauthorized absence from work may constitute disqualifying misconduct (see, Matter of Svetlich [Sweeney], 236 A.D.2d 762, 654 N.Y.S.2d 47).   Claimant's assertion that her absence from work was approved by her supervisor raised an issue of credibility for resolution by the Board (see, Matter of Boyle [Sweeney], 247 A.D.2d 809, 668 N.Y.S.2d 514).   Claimant's remaining arguments have been examined and found to be unpersuasive.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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