MATTER OF KATTAYA


32 A.D.3d 1124 (2006)

822 N.Y.S.2d 319

In the Matter of the Claim of HANY KATTAYA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 28, 2006.


During claimant's tenure as a security officer at a museum, he worked both the day shift and the night shift, preferring the latter because he received a pay differential and free parking. Due to disciplinary problems, the employer decided to transfer him to the day shift. Claimant refused to accept the transfer and tendered his resignation. Thereafter, he applied for unemployment insurance benefits and the Unemployment Insurance

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