MATTER OF BERRIOS


238 A.D.2d 698 (1997)

656 N.Y.S.2d 429

In the Matter of the Claim of Victor M. Berrios, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

April 10, 1997


Claimant, a maintenance manager, reported a crack in one of the employer's storage tanks. Claimant was discharged for insubordination for refusal to comply with the employer's various requests for a written report explaining how the crack occurred. Claimant challenges the decision contending that he had in fact submitted a written report which was rejected by the employer.

We find that substantial evidence supports the Board's decision. The varying contentions of...

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