In re the Claim of Volmar
Cases that cite this one
2 later published cases cite this decision.
- Matter of McDonald (Commr. of Labor) (Appellate Division of the Supreme Court of New York 2015)
- In re the Claim of Mosher (Appellate Division of the Supreme Court of New York 2007)
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 September 24, 2004, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant worked as a nursing assistant at a hospital and her duties included changing the clothing and bedding of incontinent patients. During one of claimant’s shifts, she was instructed by her supervisor to change four patients who had called for assistance. Claimant changed one, but went on her break without changing the others. She was terminated as a result. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that she was terminated due to misconduct and adhered to this decision upon reconsideration. Claimant now appeals.
Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.