MATTER OF McOWEN


206 A.D.2d 573 (1994)

614 N.Y.S.2d 78

In the Matter of the Claim of Carol A. McOwen, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

July 7, 1994


The record contains substantial evidence to support the Board's determination that claimant was discharged for misconduct from her position as a certified nurse's aide in a skilled nursing care facility. Despite a previous warning from her employer, the record indicates that claimant refused a request for assistance from a facility resident who then fell and was injured after she attempted to help herself. Under the circumstances, we find no error in the Board's conclusion...

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