From Casetext: Smarter Legal Research

Matter of Newby

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 930 (N.Y. App. Div. 1994)

Opinion

March 31, 1994

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed by a nursing home as its recreation director. She was terminated when she returned to the premises and refused repeated instructions by her superiors to leave after being told to stay home as a part of a "cooling off" period resulting from a labor dispute. These facts constitute substantial evidence to support the Board's finding that claimant was terminated for misconduct in that she refused the reasonable instructions of her supervisor. Further, the Board properly ruled that the benefits paid claimant were recoverable.

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


Summaries of

Matter of Newby

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 930 (N.Y. App. Div. 1994)
Case details for

Matter of Newby

Case Details

Full title:In the Matter of the Claim of LINDA J. NEWBY, Appellant. JOHN F. HUDACS…

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

Date published: Mar 31, 1994

Citations

202 A.D.2d 930 (N.Y. App. Div. 1994)
609 N.Y.S.2d 695