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In re Opett

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1996
231 A.D.2d 808 (N.Y. App. Div. 1996)

Opinion

September 19 1996.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 10, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Before: Cardona, P.J., Mercure, "White, Casey and Peters, JJ.


As a result of his refusal to travel on a frequent and regular basis, claimant was discharged from his position as a creative service representative and trainer. The Unemployment Insurance Board denied his application for unemployment insurance benefits on the basis that he was terminated for misconduct. Upon reviewing the record, we find that substantial evidence supports the Board's decision. The employer's representative testified that claimant's job required claimant to travel two to three weeks per month. He stated that claimant advised the employer that he simply could not continue with this travel schedule and that claimant was terminated for this reason. In view of claimant's refusal to perform a required element of his job, we find no reason to disturb the Board's decision.

Ordered that the decision is affirmed, without costs.


Summaries of

In re Opett

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1996
231 A.D.2d 808 (N.Y. App. Div. 1996)
Case details for

In re Opett

Case Details

Full title:In the Matter of the Claim of ROBERT O. OPETT, Appellant. TARGET VISION…

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

Date published: Sep 19, 1996

Citations

231 A.D.2d 808 (N.Y. App. Div. 1996)
647 N.Y.S.2d 68