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IN RE: the Claim of Tony A. SWINTON, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 17, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a storeroom supervisor due to insubordination. Claimant admits that, although his supervisor warned him that he would be fired, claimant left work without completing his assigned tasks. Inasmuch as failure to comply with an employer's reasonable request to complete a work assignment has been held to constitute disqualifying misconduct (see Matter of Bowen [Commissioner of Labor], 20 A.D.3d 642, 797 N.Y.S.2d 659 [2005]; Matter of Cannavina [Network Display Servs.-Commissioner of Labor], 284 A.D.2d 766, 726 N.Y.S.2d 781 [2001]; Matter of Jackson [Commissioner of Labor], 275 A.D.2d 826, 713 N.Y.S.2d 100 [2000], lv. denied 95 N.Y.2d 769, 722 N.Y.S.2d 472, 745 N.E.2d 392 [2000] ), we find no reason to disturb the Board's decision.
ORDERED that the decision is affirmed, without costs.
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Decided: October 20, 2005
Court: Supreme Court, Appellate Division, Third Department, New York.
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