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MATTER OF UTLEY

51 A.D.2d 823 (1976)

In the Matter of the Claim of Joyce Utley, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

February 11, 1976

Whether the claimant, a stock girl, lost her employment through her own misconduct in connection therewith is a factual determination and must be affirmed by this court if there is substantial evidence to support the board's findings (Labor Law, § 623; Matter of Lester [Catherwood], 30 A.D.2d 1025). Claimant refused to operate a machine as requested by her employer and at the hearing testified that she would only operate the...

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