MATTER OF RIVERA


298 A.D.2d 673 (2002)

748 N.Y.S.2d 290

In the Matter of the Claim of EMERITA RIVERA, Appellant. NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided October 17, 2002.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits due to misconduct. The record establishes that, prior to her termination, claimant refused to perform field monitoring duties associated with her position as a contract specialist II, despite being warned that she could be discharged for insubordination. Although claimant had been granted a medical leave...

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