In Re the Claim of Boulware
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
There is substantial evidence in the record to support the Unemployment Insurance Appeal Board’s determination that claimant’s discharge resulted from misconduct in connection with his employment. The board was entitled to find that claimant’s conduct, in placing an uncovered paint can beneath his desk barely one day after he had received an explicit injunction not to leave open cans' of paint in the office, was not merely inadvertent but a volitional act in disregard of his employer’s specific instruction…
2Cases cited1 opinion
- In re the Claim of NormanAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- Smith v. SampsonAlaska Supreme Court · 1991
- In re the Claim of SylvesterAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Claim of BrandsemaAppellate Division of the Supreme Court of the State of New York · 1991
- In re the Claim of CampanellaAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Claim of PainterAppellate Division of the Supreme Court of the State of New York · 2013
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