Legal Opinion

In re the Claim of Volmar

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 2005PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 24, 2004, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant worked as a nursing assistant at a hospital and her duties included changing the clothing and bedding of incontinent patients. During one of claimant’s shifts, she was instructed by her supervisor to change four patients who had called for assistance. Claimant changed one, but went on her break…

2Cases cited3 opinions

  1. In re the Claim of SpencerAppellate Division of the Supreme Court of the State of New York · 2005
  2. In re the Claim of GoodrichAppellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Claim of SwintonAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by2 opinions

  1. In re the Claim of MosherAppellate Division of the Supreme Court of the State of New York · 2007
  2. Matter of McDonald (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015

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