Legal Opinion
In re the Claim of Lewis
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2012PublishedCited by 6 opinions
1Opinion of the Court
We affirm. Whether an employee’s failure to work the required hours rises to the level of disqualifying misconduct is a factual issue for the Board to resolve and its determination will not be disturbed when supported by substantial evidence (see Matter of Buyukcekmece [Abigail Kirsch at Tappan — Commissioner of Labor], 82 AD3d 1400, 1400 [2011]; Matter of Anumah [Commissioner of Labor], 60 AD3d 1216, 1217 [2009], lv denied 13 NY3d 706 [2009]). Here, claimant’s orthopedic doctor issued notes that indicated that claimant was medically restricted with *1053regard to the amount of overtime she could…
2Cases cited4 opinions
- In re the Claim of AnumahAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Claim of BuyukcekmeceAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Claim of SunderlandAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Claim of CuratoAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- In re GarciaAppellate Division of the Supreme Court of the State of New York · 2013
- In re GarciaAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Claim of OkanoAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Claim of OkanoAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Claim of SamuelsAppellate Division of the Supreme Court of the State of New York · 2012
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