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In the Matter of Swinton

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 2005
22 A.D.3d 947 (N.Y. App. Div. 2005)

Opinion

98160.

October 20, 2005.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 17, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Tony A. Swinton, New York City, appellant pro se.

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

Before: Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a storeroom supervisor due to insubordination. Claimant admits that, although his supervisor warned him that he would be fired, claimant left work without completing his assigned tasks. Inasmuch as failure to comply with an employer's reasonable request to complete a work assignment has been held to constitute disqualifying misconduct ( see Matter of Bowen [Commissioner of Labor], 20 AD3d 642; Matter of Cannavina [Network Display Servs. — Commissioner of Labor], 284 AD2d 766; Matter of Jackson [Commissioner of Labor], 275 AD2d 826, lv denied 95 NY2d 769), we find no reason to disturb the Board's decision.

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Swinton

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 2005
22 A.D.3d 947 (N.Y. App. Div. 2005)
Case details for

In the Matter of Swinton

Case Details

Full title:In the Matter of the Claim of TONY A. SWINTON, Appellant. COMMISSIONER OF…

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

Date published: Oct 20, 2005

Citations

22 A.D.3d 947 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7778
802 N.Y.S.2d 273

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