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Matter of the Claim of Williams

Appellate Division of the Supreme Court of New York, Third Department
Nov 29, 2001
288 A.D.2d 813 (N.Y. App. Div. 2001)

Opinion

November 29, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Robert L. Williams, New York City, petitioner pro se.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

Before: Cardona, P.J., Spain, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from his employment as a maintenance mechanic after disregarding repeated orders from the employer to report to an assigned work area and resolve any work-related disputes later in the afternoon. Inasmuch as claimant's conduct of failing to comply with a reasonable request of the employer amounted to insubordination, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's employment was terminated due to disqualifying misconduct (see, Matter of Taryn [Commissioner of Labor], 284 A.D.2d 642; Matter of Harpule [Sweeney], 241 A.D.2d 610). Furthermore, the Board is not bound by any subsequent arbitration decision reinstating claimant to his employment (see, Matter of Tucek [Big V Supermarkets — Commissioner of Labor], 277 A.D.2d 628, 629).

Cardona, P.J., Spain, Mugglin, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Williams

Appellate Division of the Supreme Court of New York, Third Department
Nov 29, 2001
288 A.D.2d 813 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Williams

Case Details

Full title:In the Matter of the Claim of ROBERT L. WILLIAMS, Appellant. COMMISSIONER…

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

Date published: Nov 29, 2001

Citations

288 A.D.2d 813 (N.Y. App. Div. 2001)
733 N.Y.S.2d 309