In re the Claim of Baig

Appellate Division of the Supreme Court of New York

In re the Claim of Baig

206 A.D.2d 728, 614 N.Y.S.2d 743, 1994 N.Y. App. Div. LEXIS 7524

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

DecidedJuly 21, 1994

StatusPublished

This text of 206 A.D.2d 728 (In re the Claim of Baig) 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 the Claim of Baig, 206 A.D.2d 728, 614 N.Y.S.2d 743, 1994 N.Y. App. Div. LEXIS 7524 (N.Y. Ct. App. 1994).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 4, 1993, which ruled that claimant was entitled to receive unemployment insurance benefits.

There is substantial evidence in the record to support the Board’s decision that claimant did not intentionally mislead his employer when applying for relocation assistance and, therefore, his actions did not constitute misconduct. The record reveals inconsistencies between the eligibility requirements as they were listed on the. application and those in the relocation guide, which could easily cause confusion. Even the employer’s relocation counselor was unsure of the requirements. As such, we find no reason to disturb the Board’s decision awarding claimant unemployment insurance benefits.

Cardona, P. J., White, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 4, 1993, which ruled that claimant was entitled to receive unemployment insurance benefits.

There is substantial evidence in the record to support the Board’s decision that claimant did not intentionally mislead his employer when applying for relocation assistance and, therefore, his actions did not constitute misconduct. The record reveals inconsistencies between the eligibility requirements as they were listed on the. application and those in the relocation guide, which could easily cause confusion. Even the employer’s relocation counselor was unsure of the requirements. As such, we find no reason to disturb the Board’s decision awarding claimant unemployment insurance benefits.

Cardona, P. J., White, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

206 A.D.2d 728, 614 N.Y.S.2d 743, 1994 N.Y. App. Div. LEXIS 7524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-baig-nyappdiv-1994.