In re the Claim of Bargoti

Appellate Division of the Supreme Court of New York

In re the Claim of Bargoti

217 A.D.2d 884, 629 N.Y.S.2d 552, 1995 N.Y. App. Div. LEXIS 8136

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

DecidedJuly 27, 1995

StatusPublished

Cited by1 cases

This text of 217 A.D.2d 884 (In re the Claim of Bargoti) 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 Bargoti, 217 A.D.2d 884, 629 N.Y.S.2d 552, 1995 N.Y. App. Div. LEXIS 8136 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 14, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked as a case manager at a facility for the mentally ill. After returning to work following a medical leave of absence, claimant, who was accustomed to working Monday through Friday, refused to comply with his employer’s change in policy requiring all case managers to work at least one day per weekend. Claimant was subsequently terminated. On the record before us, we find substantial evidence supporting the Board’s determination that claimant was terminated for misconduct. Claimant failed to substantiate his claim that working weekends would be detrimental to his health or to establish that his employer refused to accommodate his religious practices. Accordingly, we find no reason to disturb the Board’s decision.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 14, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked as a case manager at a facility for the mentally ill. After returning to work following a medical leave of absence, claimant, who was accustomed to working Monday through Friday, refused to comply with his employer’s change in policy requiring all case managers to work at least one day per weekend. Claimant was subsequently terminated. On the record before us, we find substantial evidence supporting the Board’s determination that claimant was terminated for misconduct. Claimant failed to substantiate his claim that working weekends would be detrimental to his health or to establish that his employer refused to accommodate his religious practices. Accordingly, we find no reason to disturb the Board’s decision.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

217 A.D.2d 884, 629 N.Y.S.2d 552, 1995 N.Y. App. Div. LEXIS 8136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bargoti-nyappdiv-1995.

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