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IN THE MATTER OF THE CLAIM OF AUDIA N. DENTON, Appellant. COMMISSIONER OF LABOR, Respondent.

MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as an esthetician at a spa due to disqualifying misconduct. It is well settled that an employee can be disqualified from receiving unemployment insurance benefits for failure to abide by a reasonable request of the employer (see Matter of Cooper [Commissioner of Labor], 306 A.D.2d 744; Matter of Holland [Commissioner of Labor], 292 A.D.2d 667, 668). The record establishes that claimant refused to accept a new work schedule issued by the employer which was substantially similar to the schedule that she worked when originally hired. Furthermore, inasmuch as claimant had been suspended for failing to comply with her new work schedule and was given prior warnings regarding unrelated matters, she was on notice that her employment was in jeopardy. Although claimant informed the employer that the new schedule interfered with her availability for part-time advertising jobs, this did not excuse her conduct in refusing to work the new schedule (see Matter of Giovati [Commissioner of Labor], 4 A.D.3d 598; Matter of Izzo [Commissioner of Labor], 2 A.D.3d 1259; Matter of Rahn [Commissioner of Labor], 308 A.D.2d 629; Matter of Malkenson [Sweeney], 246 A.D.2d 733), and we find no reason to disturb the Board's decision. Claimant's assertion that her discharge was in retaliation for complaints filed against the general manager is not supported by the record.

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur.

ORDERED that the decision is affirmed, without costs.

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IN THE MATTER OF DENTON
(May 6, 2004)