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IN THE MATTER OF CLAIM OF ELBAZ

Appellate Division of the Supreme Court of New York, Third Department.
Jun 29, 2006
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Claimant was discharged from his employment as a dishwasher after he refused to comply with a manager's directive to clean up garbage. Although claimant maintained that such assignment was not part of his duties as a dishwasher and he disliked the manager's disrespectful demeanor, claimant was told that he could be fired if he refused the assignment. We find no reason to disturb the decision of the Unemployment Insurance Appeal Board inasmuch as there is substantial evidence to support its finding that clamant failed to comply with a reasonable request of the employer and that this insubordination constituted disqualifying misconduct ( see Matter of Swinton [Commissioner of Labor], 22 AD3d 947, 948; Matter of Goodrich [Raymond Corp. — Commissioner of Labor], 301 AD2d 720, 720; Matter of Jackson [Commissioner of Labor], 275 AD2d 826, 826, lv denied 95 NY2d 769).

Ordered that the decision is affirmed, without costs.