IN THE MATTER OF THE CLAIM OF MERCURE


27 A.D.3d 857 (2006)

810 N.Y.S.2d 570

In the Matter of the Claim of JEAN MERCURE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

March 9, 2006.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant lost his employment as an account representative due to disqualifying misconduct. The record establishes that instead of complying with his supervisor's request to take his turn covering the reception desk during lunch, claimant replied "I can't," without any further explanation. It is well settled that failure to comply with a reasonable request of an employer can constitute...

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