In re the Claim of Boyd

Appellate Division of the Supreme Court of New York

In re the Claim of Boyd

51 A.D.2d 1097, 381 N.Y.S.2d 365, 1976 N.Y. App. Div. LEXIS 11951

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

DecidedMarch 25, 1976

StatusPublished

This text of 51 A.D.2d 1097 (In re the Claim of Boyd) 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 Boyd, 51 A.D.2d 1097, 381 N.Y.S.2d 365, 1976 N.Y. App. Div. LEXIS 11951 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 25, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective December 25, 1974 because he left his employment without good cause. The issue of whether claimant voluntarily left his employment three hours before the end of the workday and returned after the holiday only to pick up his pay check, thereby disqualifying himself for benefits, is a question of fact and there is substantial evidence in the record to support the conclusion of the board (Matter of Adams [Levine], 50 AD2d 1026; Matter of Dominique [Catherwood] 32 AD2d 718; Matter of Haynes [Cather-wood], 30 AD2d 722; Labor Law, § 593, subd 1). Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 25, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective December 25, 1974 because he left his employment without good cause. The issue of whether claimant voluntarily left his employment three hours before the end of the workday and returned after the holiday only to pick up his pay check, thereby disqualifying himself for benefits, is a question of fact and there is substantial evidence in the record to support the conclusion of the board (Matter of Adams [Levine], 50 AD2d 1026; Matter of Dominique [Catherwood] 32 AD2d 718; Matter of Haynes [Cather-wood], 30 AD2d 722; Labor Law, § 593, subd 1). Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

51 A.D.2d 1097, 381 N.Y.S.2d 365, 1976 N.Y. App. Div. LEXIS 11951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-boyd-nyappdiv-1976.

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