MATTER OF MENDOZA, 34 N.Y.2d 595 (1974)

354 N.Y.S.2d 950, 310 N.E.2d 546

In the Matter of the Claim of LUIS MENDOZA, Appellant. LOUIS L. LEVINE, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.Argued February 13, 1974
Decided March 20, 1974

Page 596

Appeal dismissed, without costs, in the following memorandum: The decision by the Unemployment Insurance Appeal Board makes manifest that it did not use or rely upon the employer’s letter submitted to the board, but instead relied on claimant’s own testimony that he had not called in, a course that a reasonably prudent employee would have taken. Accordingly, the appeal is dismissed on the ground that no substantial constitutional issue is involved (CPLR 5601, subd. [b], par. 1).