Claim of Hernandez

Decision Date20 September 1990
Citation561 N.Y.S.2d 656,165 A.D.2d 943
PartiesIn the Matter of the Claim of Antonio HERNANDEZ, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent.
CourtNew York Supreme Court — Appellate Division

Antonio Hernandez New York City, in pro. per. Robert Abrams, Atty. Gen. (Frederick M. Paola and Jane Lauer Barker, of counsel), Brooklyn, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 8, 1990, which denied claimant's application for reconsideration of a prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Insofar as claimant submitted no new evidence to support his request that the Unemployment Insurance Appeal Board reconsider its prior decision, there was no abuse of discretion by the Board in rejecting the application (see, Matter of Cruz [Levine], 49 A.D.2d 978, 374 N.Y.S.2d 366). In any event, although claimant argued that he could not work overtime as directed by the employer due to a rib injury, he failed to offer any medical proof to support his argument; therefore the...

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