In re the Claim of Bayne

Appellate Division of the Supreme Court of New York

In re the Claim of Bayne

32 A.D.2d 582, 299 N.Y.S.2d 70, 1969 N.Y. App. Div. LEXIS 4205

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

DecidedApril 21, 1969

StatusPublished

This text of 32 A.D.2d 582 (In re the Claim of Bayne) 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 Bayne, 32 A.D.2d 582, 299 N.Y.S.2d 70, 1969 N.Y. App. Div. LEXIS 4205 (N.Y. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

Appeal by claimant from a decision of the Unemployment Insurance Appeal Board which disqualified him from benefits on the ground that he voluntarily left his employment without good cause; found that he willfully made a false statement to obtain benefits, and imposed a forfeiture of eight effective days therefor; and charged him with an overpayment of $30 in benefits, ruled to be recoverable. Claimant, employed as a dishwasher, did not return to work after collecting his wages for the first five days’ work, although the job remained available; and instead applied next day for benefits, replying to the form inquiry as to why he was unemployed by writing “ shape-up ”. This was untrue and claimant subsequently testified that he did not return to work because he was “tired and indisposed”. The board’s determination of the factual issues which were presented was supported by substantial evidence. Decision affirmed, without costs. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Cooke, JJ., concur in memorandum Per Curiam.

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Per Curiam.

Appeal by claimant from a decision of the Unemployment Insurance Appeal Board which disqualified him from benefits on the ground that he voluntarily left his employment without good cause; found that he willfully made a false statement to obtain benefits, and imposed a forfeiture of eight effective days therefor; and charged him with an overpayment of $30 in benefits, ruled to be recoverable. Claimant, employed as a dishwasher, did not return to work after collecting his wages for the first five days’ work, although the job remained available; and instead applied next day for benefits, replying to the form inquiry as to why he was unemployed by writing “ shape-up ”. This was untrue and claimant subsequently testified that he did not return to work because he was “tired and indisposed”. The board’s determination of the factual issues which were presented was supported by substantial evidence. Decision affirmed, without costs. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Cooke, JJ., concur in memorandum Per Curiam.

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Bluebook (online)

32 A.D.2d 582, 299 N.Y.S.2d 70, 1969 N.Y. App. Div. LEXIS 4205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bayne-nyappdiv-1969.