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MATTER OF MARCANO

271 A.D.2d 795 (2000)

706 N.Y.S.2d 488

In the Matter of the Claim of ROBERTO MARCANO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 13, 2000.

Claimant was discharged from his employment as a part-time truck driver helper after he refused a route assignment with a new driver. The Unemployment Insurance Appeal Board determined that claimant was disqualified from receiving benefits on the ground that his employment was terminated due to misconduct. Notwithstanding claimant's exculpatory explanation for failing to abide by his employer's request, we find that substantial...

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