MATTER OF CANNAVINA


284 A.D.2d 766 (2001)

726 N.Y.S.2d 781

In the Matter of the Claim of MARTIN CANNAVINA, Appellant. NETWORK DISPLAY SERVICES, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided June 21, 2001.


The record establishes that the employer directed claimant, a field service computer technician, to go to Boston, Massachusetts, as he had done numerous times before, in order to assist a client with a service problem. Despite being warned that his refusal would result in his discharge, claimant declined and asked for "emergency" vacation time to offer moral support to his mother who was suffering from severe back pain. Substantial evidence supports the decision of the Unemployment...

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