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Matter of Harpule

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 610 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from his position as a camera operator after he refused to comply with his supervisor's instructions to increase his cleaning of the processing machine from three times to five times a week. Substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant's refusal was insubordinate and constituted disqualifying misconduct ( see, Matter of Sweat [Children's Home of Poughkeepsie — Hudacs], 198 A.D.2d 695). Although claimant testified that he was unable to clean the machine as directed due to a medical condition, his claim was unsubstantiated by any supporting medical evidence ( see, Matter of Krinsky [Sweeney], 238 A.D.2d 659).

Mikoll, J. P., Mercure, White, Casey and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Harpule

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 610 (N.Y. App. Div. 1997)
Case details for

Matter of Harpule

Case Details

Full title:In the Matter of the Claim of ALFRED v. HARPULE, Appellant. JOHN E…

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

Date published: Jul 3, 1997

Citations

241 A.D.2d 610 (N.Y. App. Div. 1997)
660 N.Y.S.2d 78

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