In re the Claim of Birnbaum

Appellate Division of the Supreme Court of New York

In re the Claim of Birnbaum

209 A.D.2d 808, 618 N.Y.S.2d 602, 1994 N.Y. App. Div. LEXIS 11290

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

DecidedNovember 10, 1994

StatusPublished

This text of 209 A.D.2d 808 (In re the Claim of Birnbaum) 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 Birnbaum, 209 A.D.2d 808, 618 N.Y.S.2d 602, 1994 N.Y. App. Div. LEXIS 11290 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 15, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board reopened its prior decision for the sole purpose of determining if there had been compliance with the procedural safeguards set forth in the consent judgment of Municipal Labor Comm. v Sitkin (1983 WL 44294 [US Dist Ct, SD NY, Aug. 1, 1983]). The Board found no substantial procedural violations and, therefore, adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits. Insofar as claimant has failed to allege any procedural errors on this appeal, the Board’s decision must be upheld.

Cardona, P. J., Mercure, White 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 October 15, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board reopened its prior decision for the sole purpose of determining if there had been compliance with the procedural safeguards set forth in the consent judgment of Municipal Labor Comm. v Sitkin (1983 WL 44294 [US Dist Ct, SD NY, Aug. 1, 1983]). The Board found no substantial procedural violations and, therefore, adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits. Insofar as claimant has failed to allege any procedural errors on this appeal, the Board’s decision must be upheld.

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

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Bluebook (online)

209 A.D.2d 808, 618 N.Y.S.2d 602, 1994 N.Y. App. Div. LEXIS 11290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-birnbaum-nyappdiv-1994.