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In re the Claim of Martin

33 A.D.2d 815, 305 N.Y.S.2d 392, 1969 N.Y. App. Div. LEXIS 2763
Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1969·Published·Cited by 11 cases

Opinion

Greenblott, J.

Appeal from a resettled decision of the Unemployment Insurance Appeal Board, filed July 3, 1969, adhering to its decision filed October 16, 1968, disqualifying claimant from unemployment insurance benefits. Claimant, a clerk in the Department of Health, Education and Welfare, was separated from this employment involuntarily “for insubordinate and offensive behavior toward supervisors and fellow employees ”. Termination of employment on the ground [816] of insubordination constitutes sufficient reason for denial of benefits (Matter of Hasbrouek [Catherwood], 28 A D 2d 621). This determination of the Federal agency as to the cause of claimant’s termination of employment is binding on the board. (U. S. Code, tit. 5, § 8506; Matter of Miller [Gather-wood], 30 A D 2d 610.) Since there is substantial evidence to support the board’s determination, it must be upheld. Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Greenblott, J.

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In re the Claim of Martin, 33 A.D.2d 815, 305 N.Y.S.2d 392, 1969 N.Y. App. Div. LEXIS 2763 (N.Y. Ct. App. 1969).

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