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Matter of Serrano

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 625 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant, an assistant group leader at a facility for the care of the mentally and emotionally disabled, was terminated for insubordination when he failed to accept a new job assignment. The record reveals that despite the employer's recognition of claimant's back injury and efforts to accommodate him by assigning him tasks that did not involve heavy lifting or bending, claimant refused to work in the dining room without providing an explanation. The Board found that claimant's insubordination disqualified him from receiving unemployment insurance benefits. We find on this record that substantial evidence supports the Board's decision.

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


Summaries of

Matter of Serrano

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 625 (N.Y. App. Div. 1995)
Case details for

Matter of Serrano

Case Details

Full title:In the Matter of the Claim of EFREN SERRANO, Appellant. SHIELD OF DAVID…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 625 (N.Y. App. Div. 1995)
627 N.Y.S.2d 173