In re the Claim of Biondo

Appellate Division of the Supreme Court of New York

In re the Claim of Biondo

52 A.D.2d 656, 381 N.Y.S.2d 704, 1976 N.Y. App. Div. LEXIS 12315

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

DecidedApril 1, 1976

StatusPublished

Cited by1 cases

This text of 52 A.D.2d 656 (In re the Claim of Biondo) 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 Biondo, 52 A.D.2d 656, 381 N.Y.S.2d 704, 1976 N.Y. App. Div. LEXIS 12315 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 27, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because of insufficient weeks of covered employment in her base period. At issue on this appeal is whether claimant could be credited with the required weeks of covered employment during the established base period (Labor Law, § 527). Resolution of that question depended largely upon the credibility of witnesses who testified, a matter within the sole province of the board. Since the board’s decision thereon is supported by substantial evidence, it must be affirmed (Matter of Collazo [Levine] 51 AD2d 603; Matter of Mitagstein [Catherwood] 32 AD2d 584). Decision affirmed, without costs. Sweeney, J. P., Kane, Main, Larkin and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 27, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because of insufficient weeks of covered employment in her base period. At issue on this appeal is whether claimant could be credited with the required weeks of covered employment during the established base period (Labor Law, § 527). Resolution of that question depended largely upon the credibility of witnesses who testified, a matter within the sole province of the board. Since the board’s decision thereon is supported by substantial evidence, it must be affirmed (Matter of Collazo [Levine] 51 AD2d 603; Matter of Mitagstein [Catherwood] 32 AD2d 584). Decision affirmed, without costs. Sweeney, J. P., Kane, Main, Larkin and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

52 A.D.2d 656, 381 N.Y.S.2d 704, 1976 N.Y. App. Div. LEXIS 12315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-biondo-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack