In re the Claim of Akpan

Appellate Division of the Supreme Court of New York

In re the Claim of Akpan

166 A.D.2d 844, 563 N.Y.S.2d 179, 1990 N.Y. App. Div. LEXIS 12783

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 25, 1990

StatusPublished

This text of 166 A.D.2d 844 (In re the Claim of Akpan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Akpan, 166 A.D.2d 844, 563 N.Y.S.2d 179, 1990 N.Y. App. Div. LEXIS 12783 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 1989, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record supports the conclusion that claimant refused to cooperate with his employer’s request to detail the steps he took to complete a particular assignment. His union representative was present and claimant declined to comply with the request. Under these circumstances, and given claimant’s past history of performance with the employer, the decision disqualifying him from receiving unemployment insurance benefits due to misconduct was supported by substantial evidence (see, Matter of Centineo [Levine], 53 AD2d 759).

Decision affirmed, without costs. Mahoney, P. J., Kane, Casey, Levine and Mercure, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 1989, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record supports the conclusion that claimant refused to cooperate with his employer’s request to detail the steps he took to complete a particular assignment. His union representative was present and claimant declined to comply with the request. Under these circumstances, and given claimant’s past history of performance with the employer, the decision disqualifying him from receiving unemployment insurance benefits due to misconduct was supported by substantial evidence (see, Matter of Centineo [Levine], 53 AD2d 759).

Decision affirmed, without costs. Mahoney, P. J., Kane, Casey, Levine and Mercure, JJ., concur.

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Bluebook (online)

166 A.D.2d 844, 563 N.Y.S.2d 179, 1990 N.Y. App. Div. LEXIS 12783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-akpan-nyappdiv-1990.

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