In re the Claim of Atson

We affirm. Preliminarily, we note that whether an employee has engaged in disqualifying misconduct is a factual question for the Board to decide and its determination will not be disturbed if supported by substantial evidence (see Matter of Peterson [Commissioner of Labor], 32 AD3d 610, 610 [2006]). Notably, an employee’s failure to comply with the reasonable request of an employer may constitute misconduct disqualifying him or her from receiving unemployment insurance benefits (see Matter of Miles [Commissioner of Labor], 54 AD3d 467, 467-468 [2008]; Matter of Guagliardo [Commissioner of…