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Matter of Madison

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 824 (N.Y. App. Div. 1994)

Opinion

February 10, 1994

Appeal from the Unemployment Insurance Appeal Board.


The record contains substantial evidence to support the Board's determination that claimant was discharged for misconduct from her position as a hotel housekeeper for refusing a work assignment without good cause. It is well settled that a claimant's refusal to work or perform prescribed duties, in direct disregard of an employer's reasonable instructions, constitutes misconduct. In this case, the Board was entitled to credit the employer's witnesses who testified that claimant refused to work at one location simply because she preferred another. The Board was also free to disbelieve claimant's alternative explanation for her actions.

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


Summaries of

Matter of Madison

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 824 (N.Y. App. Div. 1994)
Case details for

Matter of Madison

Case Details

Full title:In the Matter of the Claim of BERTHA M. MADISON, Appellant. JOHN F…

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

Date published: Feb 10, 1994

Citations

201 A.D.2d 824 (N.Y. App. Div. 1994)
607 N.Y.S.2d 193

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