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Matter of Oliver

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 960 (N.Y. App. Div. 1998)

Opinion

September 17, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from his employment as a lube technician after he refused to comply with the employer's request to stock inventory. As claimant admittedly had stocked inventory in the past, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's insubordination amounted to disqualifying misconduct (see, Matter of Ledesma [Sweeney], 244 A.D.2d 748; Matter of Sweat [Children's Home — Hudacs], 198 A.D.2d 695). Claimant's exculpatory explanation for failing to abide by the employer's request simply raised a credibility issue for the Board to resolve ( see, Matter of Naraine [Sweeney], 245 A.D.2d 932, 933; Matter of Seguin [Sweeney], 244 A.D.2d 747).

Mercure, J.P., Crew III, White, Yesawich Jr. and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Oliver

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 960 (N.Y. App. Div. 1998)
Case details for

Matter of Oliver

Case Details

Full title:In the Matter of the Claim of WILLIAM J. OLIVER, Appellant. JIFFY LUBE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 17, 1998

Citations

253 A.D.2d 960 (N.Y. App. Div. 1998)
678 N.Y.S.2d 406