In re the Claim of Tosca
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 14, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Substantial evidence supports the determination of the Unemployment Insurance Appeal Board that claimant had been discharged from her employment due to disqualifying misconduct. An employee’s failure to comply with the reasonable request of his or her employer to perform an assignment may constitute disqualifying misconduct (see Matter of Miner [Commissioner of Labor], 49 AD3d 1128, 1128 [2008]; Matter of
Claimant’s remaining argument has been considered and found to be without merit.
Cardona, P.J., Rose, Malone Jr., Stein and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.