IN THE MATTER OF CAPORALE


4 A.D.3d 665 (2004)

771 N.Y.S.2d 751

In the Matter of the Claim of SHARON R. CAPORALE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

February 19, 2004.


Claimant was discharged from her employment as a certified nursing assistant after she failed to put on protective eye wear when cleaning a tub, thereby allowing disinfectant cleaning fluid to splash in her eyes. The Unemployment Insurance Appeal Board denied claimant's subsequent application for unemployment insurance benefits on the ground that she lost her employment due to disqualifying misconduct. We affirm.

It is well settled that failure to comply with an employer...

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