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MATTER CLAIM JESSIE MARTIN (12/01/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


December 1, 1969

IN THE MATTER OF THE CLAIM OF JESSIE MARTIN, APPELLANT. MARTIN P. CATHERWOOD, AS INDUSTRIAL COMMISSIONER, RESPONDENT

Appeal from a resettled decision of the Unemployment Insurance Appeal Board, filed July 3, 1969, adhering to its decision filed October 16, 1968, disqualifying claimant from unemployment insurance benefits.

Greenblott, J. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Greenblott, J.

Author: Greenblott

Claimant, a clerk in the Department of Health, Education and Welfare, was separated from this employment involuntarily "for insubordinate and offensive behavior toward supervisors and fellow employees". Termination of employment on the ground of insubordination constitutes sufficient reason for denial of benefits (Matter of Hasbrouck [ Catherwood ], 28 A.D.2d 621). This determination of the Federal agency as to the cause of claimant's termination of employment is binding on the board. (U. S. Code, tit. 5, ยง 8506; Matter of Miller [ Catherwood ], 30 A.D.2d 610.) Since there is substantial evidence to support the board's determination, it must be upheld.

 Disposition

Decision affirmed, without costs.

19691201

© 1998 VersusLaw Inc.



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