In re the Claim of Green

Appellate Division of the Supreme Court of New York

In re the Claim of Green

209 A.D.2d 802, 618 N.Y.S.2d 973, 1994 N.Y. App. Div. LEXIS 11106

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

DecidedNovember 10, 1994

StatusPublished

This text of 209 A.D.2d 802 (In re the Claim of Green) 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 Green, 209 A.D.2d 802, 618 N.Y.S.2d 973, 1994 N.Y. App. Div. LEXIS 11106 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment [803]*803Insurance Appeal Board, filed June 23, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Upon review of the record, we find that there is substantial evidence in the record to support the Board’s conclusion that claimant, a salesperson at a department store, was discharged for misconduct because she took a leave of absence during the employer’s busiest sales weekend of the year in direct defiance of the employer’s refusal of this request. The record indicates that although the employer informed claimant she could take off any other time period but that one, claimant refused and did not give a convincing explanation as to why no other time period for her leave was possible. Under the circumstances, we find no reason to disturb the Board’s conclusion that claimant lost her employment under disqualifying circumstances.

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

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—Appeal from a decision of the Unemployment [803]*803Insurance Appeal Board, filed June 23, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Upon review of the record, we find that there is substantial evidence in the record to support the Board’s conclusion that claimant, a salesperson at a department store, was discharged for misconduct because she took a leave of absence during the employer’s busiest sales weekend of the year in direct defiance of the employer’s refusal of this request. The record indicates that although the employer informed claimant she could take off any other time period but that one, claimant refused and did not give a convincing explanation as to why no other time period for her leave was possible. Under the circumstances, we find no reason to disturb the Board’s conclusion that claimant lost her employment under disqualifying circumstances.

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

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Bluebook (online)

209 A.D.2d 802, 618 N.Y.S.2d 973, 1994 N.Y. App. Div. LEXIS 11106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-green-nyappdiv-1994.