MATTER OF NEWBY


202 A.D.2d 930 (1994)

609 N.Y.S.2d 695

In the Matter of the Claim of Linda J. Newby, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

March 31, 1994


Claimant was employed by a nursing home as its recreation director. She was terminated when she returned to the premises and refused repeated instructions by her superiors to leave after being told to stay home as a part of a "cooling off" period resulting from a labor dispute. These facts constitute substantial evidence to support the Board's finding that claimant was terminated for misconduct in that she refused the reasonable...

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