In re the Claim of Aronowitz

Appellate Division of the Supreme Court of New York

In re the Claim of Aronowitz

43 A.D.2d 779, 350 N.Y.S.2d 791, 1973 N.Y. App. Div. LEXIS 2828

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

DecidedDecember 27, 1973

StatusPublished

This text of 43 A.D.2d 779 (In re the Claim of Aronowitz) 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.

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In re the Claim of Aronowitz, 43 A.D.2d 779, 350 N.Y.S.2d 791, 1973 N.Y. App. Div. LEXIS 2828 (N.Y. Ct. App. 1973).

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Opinions

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, filed July 3, 1973, which reconsidered a prior decision and sustained an initial determination of the respondent disqualifying the claimant from receiving benefits because he voluntarily left his employment without good cause. The record establishes that the claimant left his employment voluntarily and for the sole purpose of receiving retirement benefits from his Federal employer, the Postal Service. We recently passed on this precise question and held that such retirement was, as a matter of law, one “with good cause” (Matter of Fisher [Levine], 43 A D 2d 753). The decision, therefore, must be reversed. Decision reversed, without costs. Cooke, Sweeney, Kane and Main, JJ., concur; Herlihy, P. J., dissents and votes to affirm in the following memorandum.

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Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, filed July 3, 1973, which reconsidered a prior decision and sustained an initial determination of the respondent disqualifying the claimant from receiving benefits because he voluntarily left his employment without good cause. The record establishes that the claimant left his employment voluntarily and for the sole purpose of receiving retirement benefits from his Federal employer, the Postal Service. We recently passed on this precise question and held that such retirement was, as a matter of law, one “with good cause” (Matter of Fisher [Levine], 43 A D 2d 753). The decision, therefore, must be reversed. Decision reversed, without costs. Cooke, Sweeney, Kane and Main, JJ., concur; Herlihy, P. J., dissents and votes to affirm in the following memorandum.

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Bluebook (online)

43 A.D.2d 779, 350 N.Y.S.2d 791, 1973 N.Y. App. Div. LEXIS 2828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-aronowitz-nyappdiv-1973.