MATTER OF RAMIREZ


49 A.D.3d 953 (2008)

853 N.Y.S.2d 399

In the Matter of the Claim of TEOFILO V. RAMIREZ, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 6, 2008.


Claimant, a truck loader, was discharged by his supervisor after failing to report to work without notice on three consecutive days in March 2006. After a hearing, the Administrative Law Judge, citing claimant's inconsistent testimony and prior statements to Department of Labor representatives, found that claimant was disqualified from receiving unemployment insurance benefits because he lost his job due to misconduct. The Unemployment Insurance Appeal Board affirmed, prompting...

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