Summary
affirming finding of misconduct where employee discharged for disobeying clear instruction given one day before
Summary of this case from Smith v. SampsonOpinion
Argued June 1, 1979
Decided June 26, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
David L. Posner for appellant.
Robert Abrams, Attorney-General (Irving Jorrisch, Murray Sylvester and Robert A. Feuerstein of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
There is substantial evidence in the record to support the Unemployment Insurance Appeal Board's determination that claimant's discharge resulted from misconduct in connection with his employment. The board was entitled to find that claimant's conduct, in placing an uncovered paint can beneath his desk barely one day after he had received an explicit injunction not to leave open cans of paint in the office, was not merely inadvertent but a volitional act in disregard of his employer's specific instruction to the detriment of the latter's interest. (See Matter of Norman [Ross], 53 A.D.2d 950; Matter of McGlynn [Levine], 52 A.D.2d 709).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.