In re Murga

Appellate Division of the Supreme Court of New York

In re Murga

45 A.D.2d 893, 358 N.Y.S.2d 1014, 1974 N.Y. App. Div. LEXIS 4512

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

DecidedJuly 3, 1974

StatusPublished

This text of 45 A.D.2d 893 (In re Murga) 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 Murga, 45 A.D.2d 893, 358 N.Y.S.2d 1014, 1974 N.Y. App. Div. LEXIS 4512 (N.Y. Ct. App. 1974).

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Opinion

Decision affirmed, without costs. No opinion. Staley, Jr., J. P., Kane, Main and Reynolds, JJ., concur; Cooke, J., dissents and votes to remit in the following memorandum: Cooke, J. (dissenting). I' dissent and vote to remit the matter to the Unemployment Insurance Appeal Board for further proceedings. In view of the medical proof in the record from two doctors that claimant’s husband was advised to move to a warm climate, that. Puerto Rican climate was favorable after the operation and that home care was needed until three months after the operation, the board’s finding to the contrary was, as a matter of law, unsupported by substantial evidence.

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Decision affirmed, without costs. No opinion. Staley, Jr., J. P., Kane, Main and Reynolds, JJ., concur; Cooke, J., dissents and votes to remit in the following memorandum: Cooke, J. (dissenting). I' dissent and vote to remit the matter to the Unemployment Insurance Appeal Board for further proceedings. In view of the medical proof in the record from two doctors that claimant’s husband was advised to move to a warm climate, that. Puerto Rican climate was favorable after the operation and that home care was needed until three months after the operation, the board’s finding to the contrary was, as a matter of law, unsupported by substantial evidence.

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Bluebook (online)

45 A.D.2d 893, 358 N.Y.S.2d 1014, 1974 N.Y. App. Div. LEXIS 4512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-murga-nyappdiv-1974.