In re the Claim of Dialah

114 A.D.3d 986 (N.Y. App. Div. 2014) · Appellate Division of the Supreme Court of the State of New York, Third Department · February 6, 2014

Summary

The court affirmed the Unemployment Insurance Appeal Board's determination that the claimant was disqualified from receiving benefits because his employment was terminated for misconduct. The court held that substantial evidence supported the finding that the claimant committed disqualifying insubordination by refusing to make a petty-cash bank deposit, an assigned job duty, without a compelling reason.

Holdings

  1. An employee's failure to comply with an employer's reasonable request may constitute insubordination rising to the level of disqualifying misconduct.
  2. Substantial evidence supported the Board's determination that claimant was disqualified from receiving unemployment insurance benefits, and the court declined to disturb it.

Questions Presented

  1. Whether claimant's refusal to comply with the employer's directive to make a bank deposit constituted disqualifying misconduct under the unemployment insurance law.
  2. Whether substantial evidence supported the Unemployment Insurance Appeal Board's determination that claimant was disqualified from receiving benefits.

Disposition

affirmed

Cases Cited (5)

  • Matter of Ortiz [New York Eye & Ear Infirmary—Commissioner of Labor], 97 A.D.3d 885, 886 (2012)(followed)
  • Matter of Tosca [Commissioner of Labor], 81 A.D.3d 1061, 1061-1062 (2011)(followed)
  • Matter of Aguasvivas [Commissioner of Labor], 98 A.D.3d 787, 787-788 (2012)(followed)
  • Matter of Smith [Rochester Inst. of Tech.—Commissioner of Labor], 68 A.D.3d 1431, 1432 (2009)(followed)
  • Matter of Simkhayeva [Touro Coll.—Commissioner of Labor], 65 A.D.3d 1415 (2009)(followed)

Cited In (0)

No citing cases on record yet.

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