In re the Claim of Dana

Appellate Division of the Supreme Court of New York

In re the Claim of Dana

240 A.D.2d 810, 658 N.Y.S.2d 148, 1997 N.Y. App. Div. LEXIS 6014

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

DecidedJune 5, 1997

StatusPublished

Cited by2 cases

This text of 240 A.D.2d 810 (In re the Claim of Dana) 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 Dana, 240 A.D.2d 810, 658 N.Y.S.2d 148, 1997 N.Y. App. Div. LEXIS 6014 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 9, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant performed various secretarial duties for the employer, Katherine Gibbs School. She was discharged from her employment after refusing to comply with the employer’s request that she assume the duties of the school receptionist, who had recently resigned, until a replacement could be hired. We affirm the finding that claimant lost her employment under disqualifying circumstances. The employer’s request that claimant temporarily perform duties substantially similar to those of her usual employment was not unreasonable under the circumstances presented here. This Court has held that an employee’s refusal to accept reasonable work assignments may constitute insubordination (see, Matter of Wilson [Sweeney], 236 AD2d 729; Matter of Gamble [Hudacs], 187 AD2d 751).

Cardona, P. J., Mikoll, White, Peters and Spain, 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 9, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant performed various secretarial duties for the employer, Katherine Gibbs School. She was discharged from her employment after refusing to comply with the employer’s request that she assume the duties of the school receptionist, who had recently resigned, until a replacement could be hired. We affirm the finding that claimant lost her employment under disqualifying circumstances. The employer’s request that claimant temporarily perform duties substantially similar to those of her usual employment was not unreasonable under the circumstances presented here. This Court has held that an employee’s refusal to accept reasonable work assignments may constitute insubordination (see, Matter of Wilson [Sweeney], 236 AD2d 729; Matter of Gamble [Hudacs], 187 AD2d 751).

Cardona, P. J., Mikoll, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

240 A.D.2d 810, 658 N.Y.S.2d 148, 1997 N.Y. App. Div. LEXIS 6014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-dana-nyappdiv-1997.

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