In re the Claim of Blau

Appellate Division of the Supreme Court of New York

In re the Claim of Blau

29 A.D.2d 701, 285 N.Y.S.2d 919, 1968 N.Y. App. Div. LEXIS 4879

Appellate Division of the Supreme Court of the State of New York·Decided January 12, 1968·Published·Cited by 1 cases

Opinion

Memorandum by the Court. Appeal by the claimant from a decision of the Unemployment Insurance

Appeal Board which held that he voluntarily left his employment without good cause by provoking his discharge. The record contains substantial evidence to support the board’s finding that the claimant refused to obey a reasonable order to perform certain labor and made the election to “punch out”. The board’s conclusion that his reasons for such refusal were insufficient to constitute good cause does not appear to be arbitrary or capricious upon the present record. The claimant’s argument that he was prejudiced by the failure to produce certain witnesses in the course of the hearing is without merit since the board premised its decision on the testimony of the claimant and there was no issue of credibility. Decision affirmed, without costs. Herlihy, J. P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Memorandum by the Court. Appeal by the claimant from a decision of the Unemployment Insurance

Appeal Board which held that he voluntarily left his employment without good cause by provoking his discharge. The record contains substantial evidence to support the board’s finding that the claimant refused to obey a reasonable order to perform certain labor and made the election to “punch out”. The board’s conclusion that his reasons for such refusal were insufficient to constitute good cause does not appear to be arbitrary or capricious upon the present record. The claimant’s argument that he was prejudiced by the failure to produce certain witnesses in the course of the hearing is without merit since the board premised its decision on the testimony of the claimant and there was no issue of credibility. Decision affirmed, without costs. Herlihy, J. P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

In re the Claim of Blau, 29 A.D.2d 701, 285 N.Y.S.2d 919, 1968 N.Y. App. Div. LEXIS 4879 (N.Y. Ct. App. 1968).

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Opinion

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