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Matter of Moucatel

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 822 (N.Y. App. Div. 1994)

Opinion

June 2, 1994

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the Board's determination that claimant was discharged for misconduct because he refused a reasonable request of his employer to perform his regular job duty of delivering medical equipment. Although claimant asserts that he only refused to perform his duties because he had a headache, in his statement to the local office he indicated that he refused to make the delivery because it was allegedly not part of his job. Notably, claimant admitted that he regularly made deliveries for his employer. Therefore, the Board was within its discretion in concluding that claimant's version of events was not credible and that he unreasonably refused to perform an expected task for his employer.

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


Summaries of

Matter of Moucatel

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 822 (N.Y. App. Div. 1994)
Case details for

Matter of Moucatel

Case Details

Full title:In the Matter of the Claim of STEVEN MOUCATEL, Appellant. JOHN F. HUDACS…

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

Date published: Jun 2, 1994

Citations

205 A.D.2d 822 (N.Y. App. Div. 1994)
613 N.Y.S.2d 60

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