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Matter of Lange

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1991
178 A.D.2d 891 (N.Y. App. Div. 1991)

Opinion

December 31, 1991

Appeal from the Unemployment Insurance Appeal Board.


Claimant lost his job as an automobile salesperson when he would not make certain telephone calls as requested by his sales manager. While claimant testified that he did not like to make these types of calls, the record establishes that the manager's request was a reasonable one due to the fact that business was very slow and it was a means to promote business. In addition, the request did not require claimant to do anything unexpected of a salesperson (see, Matter of Centineo [Levine], 53 A.D.2d 759). Under these circumstances, the conclusion that claimant lost his employment due to misconduct is supported by substantial evidence (see, supra; Matter of Flores [Levine], 50 A.D.2d 1006, 1007).

Mahoney, P.J., Weiss, Levine, Mercure and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Lange

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1991
178 A.D.2d 891 (N.Y. App. Div. 1991)
Case details for

Matter of Lange

Case Details

Full title:In the Matter of the Claim of VICTOR LANGE, Appellant. THOMAS F. HARTNETT…

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

Date published: Dec 31, 1991

Citations

178 A.D.2d 891 (N.Y. App. Div. 1991)
577 N.Y.S.2d 929