In re the Claim of Sweat

Appellate Division of the Supreme Court of New York

In re the Claim of Sweat

198 A.D.2d 695, 603 N.Y.S.2d 362, 1993 N.Y. App. Div. LEXIS 10829

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

DecidedNovember 18, 1993

StatusPublished

Cited by1 cases

This text of 198 A.D.2d 695 (In re the Claim of Sweat) 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 Sweat, 198 A.D.2d 695, 603 N.Y.S.2d 362, 1993 N.Y. App. Div. LEXIS 10829 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 30, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was discharged after she repeatedly refused a supervisor’s instructions to clean certain bathrooms. Admittedly, this task was part of her job duties. Under the circumstances, and given the record before us, there is substantial evidence to support the Board’s conclusion that claimant’s refusal was insubordinate and amounted to misconduct. Claimant’s remaining contentions have been considered and rejected as unpersuasive.

Weiss, P. J., Mercure, Crew III and White, 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 December 30, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was discharged after she repeatedly refused a supervisor’s instructions to clean certain bathrooms. Admittedly, this task was part of her job duties. Under the circumstances, and given the record before us, there is substantial evidence to support the Board’s conclusion that claimant’s refusal was insubordinate and amounted to misconduct. Claimant’s remaining contentions have been considered and rejected as unpersuasive.

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

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Bluebook (online)

198 A.D.2d 695, 603 N.Y.S.2d 362, 1993 N.Y. App. Div. LEXIS 10829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-sweat-nyappdiv-1993.

Opinion

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