In re Claim of Mendoza

New York Court of Appeals

In re Claim of Mendoza

310 N.E.2d 546, 34 N.Y.2d 595, 354 N.Y.S.2d 950, 1974 N.Y. LEXIS 1823

DecidedMarch 20, 1974

StatusPublished

This text of 310 N.E.2d 546 (In re Claim of Mendoza) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Claim of Mendoza, 310 N.E.2d 546, 34 N.Y.2d 595, 354 N.Y.S.2d 950, 1974 N.Y. LEXIS 1823 (N.Y. 1974).

Pincite

Opinion

[596]*596Appeal dismissed, without costs, in the following memorandum: The decision by the Unemployment Insurance Appeal Board makes manifest that it did not use or rely upon the employer’s letter submitted to the board, but instead relied on claimant’s own testimony that he had not called in, a course that a reasonably prudent employee would have taken. Accordingly, the appeal is dismissed on the ground that no substantial constitutional issue is involved (CPLR 5601, subd. [b], par. 1).

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[596]*596Appeal dismissed, without costs, in the following memorandum: The decision by the Unemployment Insurance Appeal Board makes manifest that it did not use or rely upon the employer’s letter submitted to the board, but instead relied on claimant’s own testimony that he had not called in, a course that a reasonably prudent employee would have taken. Accordingly, the appeal is dismissed on the ground that no substantial constitutional issue is involved (CPLR 5601, subd. [b], par. 1).

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Bluebook (online)

310 N.E.2d 546, 34 N.Y.2d 595, 354 N.Y.S.2d 950, 1974 N.Y. LEXIS 1823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-claim-of-mendoza-ny-1974.