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MATTER OF EFFRESS

52 A.D.2d 708 (1976)

In the Matter of the Claim of Abe Effress, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

April 29, 1976

The board has found that claimant's refusal to perform certain messenger duties in connection with his employment constituted insubordination rising to the level of misconduct. Such a determination is one of fact, and, if it is supported by substantial evidence, must be affirmed (Matter of Lester [Catherwood], 30 A.D.2d 1025). This record supports such a determination (Matter of Maier...

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