MATTER OF BOX


50 A.D.3d 1431 (2008)

857 N.Y.S.2d 303

In the Matter of the Claim of MICHAEL G. BOX, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 24, 2008.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant, a flatbed tow truck driver, was discharged from his employment due to disqualifying misconduct. "An employee's failure to comply with an employer's reasonable request may constitute insubordination rising to the level of disqualifying misconduct" (Matter of Guagliardo [Commissioner of Labor], 27 A.D.3d 866, 867 [2006] [citations...

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