IN RE: the Claim of Khalid ELBAZ

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

IN RE: the Claim of Khalid ELBAZ, Appellant. Commissioner of Labor, Respondent.

Decided: June 29, 2006

Before:  CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ. Khalid Elbaz, New York City, appellant pro se. Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 26, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

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 claimant 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 A.D.3d 947, 948, 802 N.Y.S.2d 273 [2005];  Matter of Goodrich [Raymond Corp.-Commissioner of Labor], 301 A.D.2d 720, 720, 753 N.Y.S.2d 564 [2003];  Matter of Jackson [Commissioner of Labor], 275 A.D.2d 826, 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] ).

ORDERED that the decision is affirmed, without costs.

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