In re the Claim of Attara, 257 A.D.2d 936 (N.Y. App. Div. 1999). · Go Syfert
In re the Claim of Attara, 257 A.D.2d 936 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
12 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: In re the Claim of David (nyappdiv, 2008-06-19)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) In re the Claim of David
N.Y. App. Div. · 2008 · confidence medium
Corp.—Commissioner of Labor], 257 AD2d 936, 937 [1999]).
cited Cited as authority (rule) In re Claim of Musac
N.Y. App. Div. · 2008 · confidence medium
Corp.—Commissioner of Labor], 257 AD2d 936, 937 [1999]).
cited Cited as authority (rule) In re the Claim of Francano
N.Y. App. Div. · 2004 · confidence medium
Corp.—Commissioner of Labor], 257 AD2d 936, 937 [1999]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Medhat G. Attara, Permis Construction Corporation, Respondent Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jan 28, 1999.
257 A.D.2d 936
1999 N.Y. App. Div. LEXIS 742
Cited by 6 opinions  |  Published

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 5, 1998, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Unemployment Insurance Appeal Board denied claimant’s application for benefits on the ground that he was discharged from his employment as a project manager engineer due to disqualifying misconduct. According to testimony presented on behalf of the employer, claimant refused to comply with the employer’s directions, including the employer’s repeated requests for backup diskettes in connection with claimant’s project reports, and he was unable to get along with others in the workplace. While claimant disagreed with the events surrounding his discharge and testified that he was told by the employer that he was discharged because work was slow and that he had supplied the requested diskettes, this conflicting testimony presented a credibility issue which the Board was free to resolve in the employer’s favor (see, Matter of Lloyd [Sweeney], 242 AD2d 817). An employee’s failure to abide by a reasonable request of an employer can constitute misconduct (see, id.; Matter of Shkedy [Sweeney], 240 AD2d 826) and we conclude that, under the circumstances of this case, substantial evidence supports the Board’s decision. Furthermore, inasmuch as claimant indicated on his application for benefits that his employment was terminated due to lack of work, we find no reason to disturb the Board’s finding that claimant made willful false statements to obtain benefits.

Cardona, P. J., Mikoll, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.