MATTER OF LEWIS

512246.

92 A.D.3d 1052 (2012)

937 N.Y.S.2d 736

2012 NY Slip Op 876

In the Matter of the Claim of CINDY L. LEWIS, Respondent. COUNTY OF LIVINGSTON, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided February 9, 2012.


Claimant worked for the employer for 23 years as a certified nursing assistant in a county-owned nursing home. Pursuant to an agreement between the employer and claimant's union, the employer could mandate that staff work overtime, a procedure known as "mandation." After claimant refused to work mandated overtime shifts on June 27, 2009 and again on July 4, 2009, her employment was terminated. Claimant's initial application for unemployment insurance benefits was denied on...

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