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MATTER OF YULE

52 A.D.3d 1062 (2008)

861 N.Y.S.2d 152

In the Matter of the Claim of MERCY YULE, Respondent. NEW YORK CHIROPRACTIC COLLEGE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 19, 2008.

In March 2005, claimant was hired as the employer's clinical coordinator—a "straight up" administrative position. After claimant was placed on probation in January 2006, the employer decided to eliminate claimant's position altogether and thereafter offered her a faculty position as a clinical supervisor. Claimant refused and, after her subsequent application for unemployment insurance benefits was denied, she requested...

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