MATTER OF CLAIM OF SMITH

507350

68 A.D.3d 1431 (2009)

2009 NY Slip Op 9364

892 N.Y.S.2d 231

In the Matter of the Claim of GLENN D. SMITH, Appellant. ROCHESTER INSTITUTE OF TECHNOLOGY, Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided December 17, 2009.


Claimant, who was employed as a heating and air conditioning technician at a university, was terminated from his employment after he failed to follow his supervisor's request to meet with him on two consecutive days. The Unemployment Insurance Appeal Board denied his claim for benefits on the ground that he was terminated due to misconduct, prompting this appeal.

We affirm. "An employee's failure to comply with an employer's reasonable request may constitute insubordination...

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