MATTER OF HARGRAVE


201 A.D.2d 808 (1994)

607 N.Y.S.2d 197

In the Matter of the Claim of Eric S. Hargrave, Respondent. Canandaigua National Bank & Trust Company, Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

February 10, 1994


The Board found that claimant was fired when he refused to accept his employer's ultimatum to quit school and opted to take a leave of absence. It also found that he was not discharged for insubordination in connection with missing files and that it was not until claimant filed for unemployment insurance benefits that the employer construed claimant's acts as insubordination. The Board concluded that although claimant may have exercised poor judgment in failing to actively...

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