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Matter of Helinski

Appellate Division of the Supreme Court of New York, Third Department
Mar 16, 1995
213 A.D.2d 862 (N.Y. App. Div. 1995)

Opinion

March 16, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed by Horizon Human Services, Inc. as a senior counselor in a day treatment program. On April 22, 1991, claimant's direct supervisor gave a critique of claimant's job performance which indicated a lack of communication skills. Claimant was directed to prepare a corrective plan of action by April 29, 1991. On that date, claimant informed her direct supervisor that she did not agree with the critique and refused to submit a corrective plan of action. Claimant was referred to a senior supervisor, but after two meetings still persisted in her refusal. The supervisor informed claimant that she was jeopardizing her job. When claimant still refused, she was fired.

The Unemployment Insurance Appeal Board found that claimant's refusal constituted misconduct disqualifying her from benefits. Inasmuch as substantial evidence supports the Board's decision, it must be affirmed (see, Matter of Wade [Levine], 50 A.D.2d 1003).

Cardona, P.J., Mikoll, White and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Helinski

Appellate Division of the Supreme Court of New York, Third Department
Mar 16, 1995
213 A.D.2d 862 (N.Y. App. Div. 1995)
Case details for

Matter of Helinski

Case Details

Full title:In the Matter of the Claim of DIANE HELINSKI, Appellant. HORIZON HUMAN…

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

Date published: Mar 16, 1995

Citations

213 A.D.2d 862 (N.Y. App. Div. 1995)
623 N.Y.S.2d 425

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