MATTER OF BENBOW


32 A.D.3d 1094 (2006)

820 N.Y.S.2d 869

In the Matter of the Claim of JAMES L. BENBOW, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 21, 2006.


Claimant worked for the employer as a teaching assistant in its program for children with special needs. He was discharged after he failed to follow the instructions of a supervising teacher concerning the appropriate manner of handling a child who was exhibiting behavioral problems. This occurred after claimant had previously been warned about not following directions and had been placed under a performance improvement plan. Claimant applied for unemployment insurance benefits...

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