MATTER OF MACK


257 A.D.2d 828 (1999)

683 N.Y.S.2d 644

In the Matter of the Claim of TIJUANA R. MacK, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 14, 1999.


Claimant was discharged from her employment as a toll collector after she refused an assignment to work overtime. The Unemployment Insurance Appeal Board ruled that this constituted disqualifying misconduct. We conclude that substantial evidence supports the Board's decision. It is undisputed that claimant accepted her position with the employer knowing that it would involve occasionally working overtime hours either before or after her regular shift. The record reveals that...

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