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Matter of Sabater

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1992
184 A.D.2d 953 (N.Y. App. Div. 1992)

Opinion

June 18, 1992

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a maintenance engineer, was fired when he refused to work periodically on the weekends. The evidence establishes that claimant was advised when he was hired that he would occasionally have to work weekends. Although he had done so in the past, claimant began to refuse to do weekend work when he did not receive the raise that he had expected. Claimant testified that, had he gotten the raise he wanted, he would have worked on the weekend. Accordingly, the conclusion that claimant's employment ended under disqualifying conditions and that his actions constituted misconduct is supported by substantial evidence (see, Matter of Graziose [Levine], 50 A.D.2d 1030; Matter of Flores [Levine], 50 A.D.2d 1006).

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Sabater

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1992
184 A.D.2d 953 (N.Y. App. Div. 1992)
Case details for

Matter of Sabater

Case Details

Full title:In the Matter of the Claim of GILBERT SABATER, Appellant. JOHN F. HUDACS…

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

Date published: Jun 18, 1992

Citations

184 A.D.2d 953 (N.Y. App. Div. 1992)
584 N.Y.S.2d 677

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