In the Matter of the Claim of Sherri Markowitz, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

In the Matter of the Claim of Sherri Markowitz, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent. [MAJORITY] Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 28, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective May 20, 1975 because she lost her employment through misconduct in connection therewith. Claimant’s employment as a salesperson ended when she was discharged after she did not report to work and did not call in to explain her absence. Claimant admitted she did not contact her employer on the day in question because she was sick and slept through the entire day although she did not visit a doctor for her illness. There is substantial evidence to support the board’s finding that claimant was discharged because she failed to notify her employer on the morning of May 19, 1975 that she would not be reporting to work. This action constituted misconduct in connection with her employment so as to disqualify her from receiving unemployment insurance benefits (Matter of Roopsingh [Levine], 48 AD2d 1011). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Koreman and Main, JJ., concur.