In re the Claim of Burton

Appellate Division of the Supreme Court of New York

In re the Claim of Burton

51 A.D.2d 840, 380 N.Y.S.2d 99, 1976 N.Y. App. Div. LEXIS 11443

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

DecidedFebruary 19, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 840 (In re the Claim of Burton) 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 Burton, 51 A.D.2d 840, 380 N.Y.S.2d 99, 1976 N.Y. App. Div. LEXIS 11443 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal filed February 11, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective August 23, 1974 because he voluntarily left his employment without good cause. Good cause for voluntary leaving of employment is a question of fact within the purview of the board and its decision, if supported by substantial evidence, should not be disturbed (Matter ofFamulare [Catherwood], 34 AD2d 705). There was substantial evidence to support the board’s finding that claimant, although told to report for work on September 3, 1974, did not contact his employer until the middle of October and made no effort to protect his job by communicating with the employer during his absence. Under the circumstances, his taking of an unauthorized leave of absence was equivalent to a voluntary leaving of employment without good cause so as to disqualify him from receiving unemployment insurance benefits (Matter of Biear [Levine], 49 AD2d 980). Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal filed February 11, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective August 23, 1974 because he voluntarily left his employment without good cause. Good cause for voluntary leaving of employment is a question of fact within the purview of the board and its decision, if supported by substantial evidence, should not be disturbed (Matter ofFamulare [Catherwood], 34 AD2d 705). There was substantial evidence to support the board’s finding that claimant, although told to report for work on September 3, 1974, did not contact his employer until the middle of October and made no effort to protect his job by communicating with the employer during his absence. Under the circumstances, his taking of an unauthorized leave of absence was equivalent to a voluntary leaving of employment without good cause so as to disqualify him from receiving unemployment insurance benefits (Matter of Biear [Levine], 49 AD2d 980). Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

51 A.D.2d 840, 380 N.Y.S.2d 99, 1976 N.Y. App. Div. LEXIS 11443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-burton-nyappdiv-1976.

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