IN RE: the Claim of Arikhay ISKHAKOV

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

IN RE: the Claim of Arikhay ISKHAKOV, Appellant. Commissioner of Labor, Respondent.

Decided: October 28, 2004

Before:  SPAIN, J.P., MUGGLIN, ROSE, LAHTINEN and KANE, JJ. Arikhay Iskhakov, New York City, appellant pro se. Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 12, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

 Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment as an ambulette driver due to misconduct.   It is well settled that an unauthorized absence from work or failure to comply with the employer's known call-in policy have been held to constitute disqualifying misconduct (see Matter of Glowinski [Commissioner of Labor], 5 A.D.3d 839, 772 N.Y.S.2d 639 [2004];  Matter of Jimenez [Commissioner of Labor], 301 A.D.2d 716, 752 N.Y.S.2d 910 [2003] ).   Here, claimant was aware of the employer's absentee policy but failed to contact the employer about his absence until nine hours after his shift began.   Claimant's contention that he informed the employer of his absence created a credibility issue for the Board to resolve (see Matter of Jones [Commissioner of Labor], 307 A.D.2d 582, 762 N.Y.S.2d 310 [2003] ).

To the extent that claimant maintains that an interpreter was necessary, the record establishes that claimant failed to request such services and was able to understand and participate in the hearing (see Matter of Vega [Hartnett], 168 A.D.2d 727, 564 N.Y.S.2d 207 [1990];  Matter of Ramsey [Ross], 63 A.D.2d 1061, 405 N.Y.S.2d 808 [1978] ).   Claimant's remaining contention has been reviewed and found to be without merit.

ORDERED that the decision is affirmed, without costs.

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