Appellate Division of the Supreme Court of New York, 1996

In re the Claim of Filio

In re the Claim of Filio
Appellate Division of the Supreme Court of New York · Decided March 14, 1996
225 A.D.2d 915; 638 N.Y.2d 931; 638 N.Y.S.2d 931; 1996 N.Y. App. Div. LEXIS 2254
In re the Claim of Filio

Opinion of the Court

Claimant, a legal secretary, was terminated from her position after having problems with her employer. The employer challenges the Board’s decision awarding claimant unemployment insurance benefits, contending that claimant is not entitled to benefits because she was discharged for insubordination. Upon our review of the record, we find that substantial evidence supports the Board’s conclusion that claimant was terminated due to problems with her work performance, not for misconduct, and further, that claimant did not invite her discharge. Accordingly, we decline to disturb the Board’s decision.

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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