IN RE: the Claim of Robert L. WILLIAMS

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

IN RE: the Claim of Robert L. WILLIAMS, Appellant. Commissioner of Labor, Respondent.

Decided: November 29, 2001

Before:  CARDONA, P.J., SPAIN, MUGGLIN, ROSE and LAHTINEN, JJ. Robert L. Williams, New York City, petitioner pro se. Eliot Spitzer, Attorney General (Bessie Bazile of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 2000, 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 maintenance mechanic after disregarding repeated orders from the employer to report to an assigned work area and resolve any work-related disputes later in the afternoon.   Inasmuch as claimant's conduct of failing to comply with a reasonable request of the employer amounted to insubordination, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's employment was terminated due to disqualifying misconduct (see, Matter of Taryn [Commissioner of Labor], 284 A.D.2d 642, 725 N.Y.S.2d 239;  Matter of Harpule [Sweeney], 241 A.D.2d 610, 660 N.Y.S.2d 78).   Furthermore, the Board is not bound by any subsequent arbitration decision reinstating claimant to his employment (see, Matter of Tucek [Big V Supermarkets-Commissioner of Labor], 277 A.D.2d 628, 629, 715 N.Y.S.2d 120).

ORDERED that the decision is affirmed, without costs.

CARDONA, P.J., SPAIN, MUGGLIN, ROSE and LAHTINEN, JJ., concur.

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