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Matter of Ledesma

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 748 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a mail sorter for a direct mail business, was discharged after she refused to adopt a new procedure for sorting mail which was instituted to conform with postal regulations. The Unemployment Insurance Appeal Board rejected claimant's contention that she refused to accept the new procedure because it was too much work for one person and concluded that her actions constituted disqualifying misconduct and charged her with a recoverable overpayment. The record supports the Board's finding that the changes claimant was asked to make were reasonable and well within the requirements of her position. An employee's refusal to accept reasonable work assignments has been held to constitute disqualifying misconduct ( see, Matter of Dana [Sweeney], 240 A.D.2d 810; Matter of Wilson [Sweeney], 236 A.D.2d 729). Under the circumstances, we conclude that there is substantial evidence to support the Board's decision and, accordingly, affirm.

Cardona, P. J., Mikoll, White, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Ledesma

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 748 (N.Y. App. Div. 1997)
Case details for

Matter of Ledesma

Case Details

Full title:In the Matter of the Claim of CARMEN LEDESMA, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 748 (N.Y. App. Div. 1997)
664 N.Y.S.2d 671

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