In re the Claim of Boulware — 47 N.Y.2d 928

Majority

p. 928

In the Matter of the Claim of Edward Boulware, Appellant. Philip Ross, as Industrial Commissioner, Respondent.

Argued June 1, 1979;

decided June 26, 1979

p. 929

APPEARANCES OF COUNSEL

David L. Posner for appellant.

Robert Abrams, Attorney-General (Irving Jorrisch, Murray Sylvester and Robert A. Feuerstein of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

There is substantial evidence in the record to support the Unemployment Insurance Appeal Board’s determination that claimant’s discharge resulted from misconduct in connection with his employment. The board was entitled to find that claimant’s conduct, in placing an uncovered paint can beneath his desk barely one day after he had received an explicit injunction not to leave open cans' of paint in the office, was not merely inadvertent but a volitional act in disregard of his employer’s specific instruction to the detriment of the latter’s interest. (See Matter of Norman [Ross], 53 AD2d 950 ; Matter of McGlynn [Levine], 52 AD2d 709 ).

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Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.