In re the Claim of Baxter

Appellate Division of the Supreme Court of New York

In re the Claim of Baxter

54 A.D.2d 1048, 388 N.Y.S.2d 685, 1976 N.Y. App. Div. LEXIS 15011

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

DecidedNovember 18, 1976

StatusPublished

Cited by3 cases

This text of 54 A.D.2d 1048 (In re the Claim of Baxter) 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 Baxter, 54 A.D.2d 1048, 388 N.Y.S.2d 685, 1976 N.Y. App. Div. LEXIS 15011 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 16, 1976, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective October 24, 1975 on the ground that he lost his employment through misconduct (Labor Law, § 593, subd 3). The board found that claimant reported for work under the influence of intoxicating liquor after his employer had given him several prior warnings that such conduct constituted misconduct in connection with his employment and would cause his discharge. There is substantial evidence to sustain the board’s findings and the decision must be affirmed (Matter of James [Levine], 34 NY2d 491). Decision affirmed, without costs. Kane, J. P., Main, Larkin, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 16, 1976, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective October 24, 1975 on the ground that he lost his employment through misconduct (Labor Law, § 593, subd 3). The board found that claimant reported for work under the influence of intoxicating liquor after his employer had given him several prior warnings that such conduct constituted misconduct in connection with his employment and would cause his discharge. There is substantial evidence to sustain the board’s findings and the decision must be affirmed (Matter of James [Levine], 34 NY2d 491). Decision affirmed, without costs. Kane, J. P., Main, Larkin, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

54 A.D.2d 1048, 388 N.Y.S.2d 685, 1976 N.Y. App. Div. LEXIS 15011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-baxter-nyappdiv-1976.

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