In re the Claim of Felton

Appellate Division of the Supreme Court of New York

In re the Claim of Felton

201 A.D.2d 821, 607 N.Y.S.2d 196, 1994 N.Y. App. Div. LEXIS 1156

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

DecidedFebruary 10, 1994

StatusPublished

Cited by2 cases

This text of 201 A.D.2d 821 (In re the Claim of Felton) 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 Felton, 201 A.D.2d 821, 607 N.Y.S.2d 196, 1994 N.Y. App. Div. LEXIS 1156 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 10, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the determination of the Board, based on the findings of the arbitrator, that claimant was discharged for misconduct from his position as a mail processor for the United States Postal Service. The record demonstrates that, despite warnings from his supervisor, claimant charged unauthorized overtime. It is well settled that refusal to follow an employer’s reasonable instructions constitutes misconduct sufficient to disqualify a claimant from receiving unemployment insurance benefits.

Cardona, P. J., Mercure, Crew III, White and Weiss, 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 September 10, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the determination of the Board, based on the findings of the arbitrator, that claimant was discharged for misconduct from his position as a mail processor for the United States Postal Service. The record demonstrates that, despite warnings from his supervisor, claimant charged unauthorized overtime. It is well settled that refusal to follow an employer’s reasonable instructions constitutes misconduct sufficient to disqualify a claimant from receiving unemployment insurance benefits.

Cardona, P. J., Mercure, Crew III, White and Weiss, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

201 A.D.2d 821, 607 N.Y.S.2d 196, 1994 N.Y. App. Div. LEXIS 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-felton-nyappdiv-1994.

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