In re Kaplan

Appellate Division of the Supreme Court of New York

In re Kaplan

47 A.D.2d 780, 365 N.Y.S.2d 82, 1975 N.Y. App. Div. LEXIS 9091

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1975

StatusPublished

This text of 47 A.D.2d 780 (In re Kaplan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Kaplan, 47 A.D.2d 780, 365 N.Y.S.2d 82, 1975 N.Y. App. Div. LEXIS 9091 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 6,1973, which reversed a referee’s decision in favor of claimant and sustained the respondent’s initial determination that the claimant was disqualified from benefits upon the ground that he voluntarily left his employment without good cause by provoking his discharge. Among other things, the board found that the claimant had engaged in gambling activities upon the premises of his employer, a bank. The record contains substantial evidence to support the findings of the board. The board, however, in its decision utilized the now discredited doctrine of provoked discharge as a basis for claimant’s disqualification from benefits. (See Matter of James [Levine], 34 N Y 2d 491.) The record establishes that the claimant knew he was engaging in an illegal activity contrary to the policy of his employer and, since the activity would clearly be misconduct within the meaning of the [781]*781James case, it would serve no purpose .to remit the matter to the board for further proceedings. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Main and Larkin, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 6,1973, which reversed a referee’s decision in favor of claimant and sustained the respondent’s initial determination that the claimant was disqualified from benefits upon the ground that he voluntarily left his employment without good cause by provoking his discharge. Among other things, the board found that the claimant had engaged in gambling activities upon the premises of his employer, a bank. The record contains substantial evidence to support the findings of the board. The board, however, in its decision utilized the now discredited doctrine of provoked discharge as a basis for claimant’s disqualification from benefits. (See Matter of James [Levine], 34 N Y 2d 491.) The record establishes that the claimant knew he was engaging in an illegal activity contrary to the policy of his employer and, since the activity would clearly be misconduct within the meaning of the [781]*781James case, it would serve no purpose .to remit the matter to the board for further proceedings. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Main and Larkin, JJ., concur.

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Bluebook (online)

47 A.D.2d 780, 365 N.Y.S.2d 82, 1975 N.Y. App. Div. LEXIS 9091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kaplan-nyappdiv-1975.