MATTER OF D'ARBASIE


169 A.D.2d 856 (1991)

In the Matter of the Claim of Donna D'Arbasie, Appellant. Selfhelp Community Services, Inc., Respondent; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

January 3, 1991


The record supports the conclusion that claimant was guilty of insubordination in taking her timesheet from her supervisor's desk in violation of the employer's rules and in refusing to return it even after she was told to do so. Under the circumstances, the determination that her actions constituted misconduct is supported by substantial evidence and should be upheld (see, Matter of Valentin [American Museum of Natural History — Roberts],

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