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Matter of Estremera

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1997
244 A.D.2d 694 (N.Y. App. Div. 1997)

Opinion

November 13, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a tractor-trailer driver until he was discharged as the result of his refusal to accept an assignment to drive to New Jersey on a Friday afternoon. The Unemployment Insurance Appeal Board ruled that claimant lost his employment under disqualifying circumstances. Substantial evidence supports the Board's decision. This Court has held that an employee's refusal to accept reasonable work assignments may constitute insubordination rising to the level of disqualifying misconduct ( see, Matter of Wilson [Sweeney], 236 A.D.2d 729; Matter of David [Sweeney], 224 A.D.2d 793). We conclude that this matter constitutes such a case. Our review of the record further discloses that claimant's assertions regarding the inadequacy of the Spanish language interpreter at his administrative hearing are without merit.

Cardona, P.J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Estremera

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1997
244 A.D.2d 694 (N.Y. App. Div. 1997)
Case details for

Matter of Estremera

Case Details

Full title:In the Matter of the Claim of ERIC J. ESTREMERA, Appellant. JOHN E…

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

Date published: Nov 13, 1997

Citations

244 A.D.2d 694 (N.Y. App. Div. 1997)
664 N.Y.S.2d 376

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