In re the Claim of Bellerice

Appellate Division of the Supreme Court of New York

In re the Claim of Bellerice

233 A.D.2d 730, 650 N.Y.S.2d 1013, 1996 N.Y. App. Div. LEXIS 12054

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

DecidedNovember 21, 1996

StatusPublished

Cited by1 cases

This text of 233 A.D.2d 730 (In re the Claim of Bellerice) 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 Bellerice, 233 A.D.2d 730, 650 N.Y.S.2d 1013, 1996 N.Y. App. Div. LEXIS 12054 (N.Y. Ct. App. 1996).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 17, [731]*7311995, which ruled that claimant was disqualified from receiving unemployment benefits because his employment was terminated due to misconduct.

Claimant, who was employed as a certified respiratory technician by a hospital, was discharged after repeatedly refusing to accept work assignments issued by the employee appointed to make such assignments. The Unemployment Insurance Appeal Board ruled that claimant was ineligible for benefits because he had been terminated due to misconduct. We affirm. The refusal to carry out a reasonable work instruction constitutes disqualifying misconduct (see generally, Matter of Serrano [Shield of David—Sweeney], 216 AD2d 625). It is uncontested that claimant refused to perform work assigned to him solely because he resented the employee whose job it was to make such assignments. We conclude that there is substantial evidence to support the Board’s determination that claimant was discharged due to misconduct.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Carpinello, 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 November 17, [731]*7311995, which ruled that claimant was disqualified from receiving unemployment benefits because his employment was terminated due to misconduct.

Claimant, who was employed as a certified respiratory technician by a hospital, was discharged after repeatedly refusing to accept work assignments issued by the employee appointed to make such assignments. The Unemployment Insurance Appeal Board ruled that claimant was ineligible for benefits because he had been terminated due to misconduct. We affirm. The refusal to carry out a reasonable work instruction constitutes disqualifying misconduct (see generally, Matter of Serrano [Shield of David—Sweeney], 216 AD2d 625). It is uncontested that claimant refused to perform work assigned to him solely because he resented the employee whose job it was to make such assignments. We conclude that there is substantial evidence to support the Board’s determination that claimant was discharged due to misconduct.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

233 A.D.2d 730, 650 N.Y.S.2d 1013, 1996 N.Y. App. Div. LEXIS 12054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bellerice-nyappdiv-1996.

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