In re the Claim of Barry

Appellate Division of the Supreme Court of New York

In re the Claim of Barry

199 A.D.2d 807, 605 N.Y.S.2d 526, 1993 N.Y. App. Div. LEXIS 12216

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1993·Published·Cited by 1 cases

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 25, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as an administrative assistant. The employer’s request that claimant take her lunch hour only between 12:00 p.m. and 1:00 p.m. was reasonable and her refusal to do so constituted misconduct. We therefore find that substantial evidence supports the Board’s finding.

Weiss, P. J., Cardona, White, Mahoney and Casey, 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 August 25, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as an administrative assistant. The employer’s request that claimant take her lunch hour only between 12:00 p.m. and 1:00 p.m. was reasonable and her refusal to do so constituted misconduct. We therefore find that substantial evidence supports the Board’s finding.

Weiss, P. J., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Barry, 199 A.D.2d 807, 605 N.Y.S.2d 526, 1993 N.Y. App. Div. LEXIS 12216 (N.Y. Ct. App. 1993).

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