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IN THE MATTER OF TOSCA

510403

81 A.D.3d 1061 (2011)

916 N.Y.S.2d 328

In the Matter of the Claim of GRACE TOSCA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 10, 2011.

Substantial evidence supports the determination of the Unemployment Insurance Appeal Board that claimant had been discharged from her employment due to disqualifying misconduct. An employee's failure to comply with the reasonable request of his or her employer to perform an assignment may constitute disqualifying misconduct (see Matter of Miner [Commissioner of Labor], 49 A.D.3d 1128, 1128 [2008]; Matter of

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