MATTER OF MINER


49 A.D.3d 1128 (2008)

853 N.Y.S.2d 713

In the Matter of the Claim of GENEVIEVE L. MINER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 27, 2008.


Claimant, a full-time dental assistant, worked as a "floater" two days a week performing odd jobs around the dental office. On one such day, claimant was asked by the officer manager to finish cleaning the staff refrigerator. Claimant refused and thereafter was discharged. The unemployment Insurance Appeal Board denied her claim for unemployment insurance benefits on the ground that she lost her employment due to misconduct. This appeal ensued.

Substantial evidence...

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