In re the Claim of Jones

Appellate Division of the Supreme Court of New York

In re the Claim of Jones

202 A.D.2d 889, 609 N.Y.S.2d 410, 1994 N.Y. App. Div. LEXIS 2805

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

DecidedMarch 24, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 889 (In re the Claim of Jones) 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 Jones, 202 A.D.2d 889, 609 N.Y.S.2d 410, 1994 N.Y. App. Div. LEXIS 2805 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 16, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

As a result of certain conduct displayed by claimant, she was asked by her employer to submit to a series of appointments with a psychiatrist to determine her fitness for continued duty. When claimant refused, and having been warned of [890]*890the consequences of such action, she was terminated from her employment as a staff physician. Under the circumstances, we find substantial evidence in the record to support the determination of the Board that claimant’s failure to carry out a reasonable request of her employer constituted misconduct, thereby disqualifying her from receiving unemployment insurance benefits. Any remaining contentions raised by claimant have been considered and found lacking in merit.

Cardona, P. J., Mikoll, Weiss and Peters, 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 July 16, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

As a result of certain conduct displayed by claimant, she was asked by her employer to submit to a series of appointments with a psychiatrist to determine her fitness for continued duty. When claimant refused, and having been warned of [890]*890the consequences of such action, she was terminated from her employment as a staff physician. Under the circumstances, we find substantial evidence in the record to support the determination of the Board that claimant’s failure to carry out a reasonable request of her employer constituted misconduct, thereby disqualifying her from receiving unemployment insurance benefits. Any remaining contentions raised by claimant have been considered and found lacking in merit.

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

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Bluebook (online)

202 A.D.2d 889, 609 N.Y.S.2d 410, 1994 N.Y. App. Div. LEXIS 2805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-jones-nyappdiv-1994.

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