In re the Claim of Marte

Appellate Division of the Supreme Court of New York

In re the Claim of Marte

14 A.D.3d 773, 786 N.Y.S.2d 854, 2005 N.Y. App. Div. LEXIS 44

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

DecidedJanuary 6, 2005

StatusPublished

This text of 14 A.D.3d 773 (In re the Claim of Marte) 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 Marte, 14 A.D.3d 773, 786 N.Y.S.2d 854, 2005 N.Y. App. Div. LEXIS 44 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 6, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

[774]*774Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a truck driver helper, was disqualified from receiving unemployment insurance benefits because he refused a reasonable request of the employer to make a delivery to New Jersey. Although claimant maintained that he was unfamiliar with the route, the employer testified that the location was approximately five miles from its business and that claimant was given a map. Claimant continued to refuse the assignment even after being warned that he could be discharged. Moreover, the record indicates that claimant previously had made deliveries to New Jersey. Under these circumstances, the Board’s decision that claimant engaged in disqualifying misconduct will not be disturbed (see Matter of Marcano [Commissioner of Labor], 271 AD2d 795 [2000]; Matter of Moucatel [Hudacs], 205 AD2d 822 [1994]). Claimant’s contention that he did not have the proper license to drive a truck in New Jersey was not raised at the hearing and, therefore, is not properly before this Court (see Matter of Hicks [Commissioner of Labor], 10 AD3d 758 [2004]).

Mercure, J.P., Peters, Rose, Lahtinen and Kane, 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 April 6, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

[774]*774Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a truck driver helper, was disqualified from receiving unemployment insurance benefits because he refused a reasonable request of the employer to make a delivery to New Jersey. Although claimant maintained that he was unfamiliar with the route, the employer testified that the location was approximately five miles from its business and that claimant was given a map. Claimant continued to refuse the assignment even after being warned that he could be discharged. Moreover, the record indicates that claimant previously had made deliveries to New Jersey. Under these circumstances, the Board’s decision that claimant engaged in disqualifying misconduct will not be disturbed (see Matter of Marcano [Commissioner of Labor], 271 AD2d 795 [2000]; Matter of Moucatel [Hudacs], 205 AD2d 822 [1994]). Claimant’s contention that he did not have the proper license to drive a truck in New Jersey was not raised at the hearing and, therefore, is not properly before this Court (see Matter of Hicks [Commissioner of Labor], 10 AD3d 758 [2004]).

Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

14 A.D.3d 773, 786 N.Y.S.2d 854, 2005 N.Y. App. Div. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-marte-nyappdiv-2005.

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