In re the Claim of Arzuaga
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 22, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct and charged him with a recoverable overpayment of benefits.
The evidence established that upon claimant’s transfer to the employer’s warehouse, he demanded a raise; in response to the employer’s refusal and his being told that there was nothing else available for him and that there might be a possible raise in the future, claimant stated that the proposal was "not good enough” and left. Under the circumstances, the Unemployment Insurance Appeal Board could have properly found that claimant "without good cause refused a reasonable request of the employer and thus was guilty of misconduct” (Matter of Flores [Levine], 50 AD2d 1006, 1007; see, Matter of De Cherro [Ross], 83 AD2d 709, lv denied 55 NY2d 603). To
Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.