Legal Opinion

In re the Claim of Miner

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

Decided March 27, 2008PublishedCited by 3 opinions

1Opinion of the Court

Claimant, a full-time dental assistant, worked as a “floater” two days a week performing odd jobs around the dental office. On one such day, claimant was asked by the officer manager to finish cleaning the staff refrigerator. Claimant refused and thereafter was discharged. The unemployment Insurance Appeal Board denied her claim for unemployment insurance benefits on the ground that she lost her employment due to misconduct. This appeal ensued.

Substantial evidence supports the Board’s decision that claimant’s employment was terminated due to disqualifying misconduct. “An employee’s failure to…

2Cases cited5 opinions

  1. In re the Claim of GuagliardoAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re the Claim of MercureAppellate Division of the Supreme Court of the State of New York · 2006
  3. In re the Claim of PetersonAppellate Division of the Supreme Court of the State of New York · 2006
  4. In re the Claim of HarpuleAppellate Division of the Supreme Court of the State of New York · 1997
  5. In re the Claim of SedlackAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. In re the Claim of AnumahAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Claim of SmithAppellate Division of the Supreme Court of the State of New York · 2009
  3. In re the Claim of ToscaAppellate Division of the Supreme Court of the State of New York · 2011

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