Appellate Division of the Supreme Court of New York, 2000

In re the Claim of Marcano

Appellate Division of the Supreme Court of New York · Decided April 13, 2000

271 A.D.2d 795; 706 N.Y.S.2d 488; 2000 N.Y. App. Div. LEXIS 4198

Cases that cite this one

4 later published cases cite this decision.

In re the Claim of Mercure (Appellate Division of the Supreme Court of New York 2006)
In re the Claim of Marte (Appellate Division of the Supreme Court of New York 2005)
In re the Claim of Jackson (Appellate Division of the Supreme Court of New York 2000)
In re the Claim of Hart (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 11, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a part-time truck driver helper after he refused a route assignment with a new driver. The Unemployment Insurance Appeal Board determined that claimant was disqualified from receiving *796benefits on the ground that his employment was terminated due to misconduct. Notwithstanding claimant’s exculpatory explanation for failing to abide by his employer’s request, we find that substantial evidence supports the Board’s decision inasmuch as an employee’s refusal to comply with an employer’s reasonable request may constitute disqualifying misconduct (see, Matter of Attara [Permis Constr. Corp. — Commissioner of Labor], 257 AD2d 936; Matter of Hirschfeld [Commissioner of Labor], 256 AD2d 710; Matter of Oliver [Jiffy Lube — Commissioner of Labor], 253 AD2d 960).

Cardona, P. J., Mercure, Crew III, Spain and GrafFeo, JJ., concur. Ordered that the decision is affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.