MATTER OF GRAZIOSE


50 A.D.2d 1030 (1975)

In the Matter of the Claim of Mary Graziose, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1975


Claimant worked for her employer for 18 years until she was discharged for refusal to work overtime. The undisputed testimony is that claimant had been asked twice to work overtime on a Saturday and she refused. Her subsequent refusal, following these earlier refusals for which she had been given warnings, constituted substantial evidence in this record from which the board could justifiably conclude that claimant lost her employment through misconduct. Although claimant...

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