In re the Claim of Cavese

Appellate Division of the Supreme Court of New York

In re the Claim of Cavese

52 A.D.2d 694, 382 N.Y.S.2d 384, 1976 N.Y. App. Div. LEXIS 12366

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

DecidedApril 22, 1976

StatusPublished

This text of 52 A.D.2d 694 (In re the Claim of Cavese) 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 Cavese, 52 A.D.2d 694, 382 N.Y.S.2d 384, 1976 N.Y. App. Div. LEXIS 12366 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 8, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he voluntarily left his employment without good cause. On appeal claimant contends that he did not quit, but was fired for no reason. At a hearing held before the referee, the claimant’s employer testified that a certain sum was deleted from the claimant’s check, whereupon he quit. The claimant’s denial that he quit merely created a question of fact for the board and, accordingly, its determination that he voluntarily left the employment is supported by substantial evidence. The circumstances surrounding the leaving of employment created a question of fact for the board as to [695]*695whether or not the claimant had good cause and its determination of that issue is also supported by substantial evidence. Decision affirmed, without costs. Greenblott, J. P., Kane, Main, Larkin and Herlihy, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 8, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he voluntarily left his employment without good cause. On appeal claimant contends that he did not quit, but was fired for no reason. At a hearing held before the referee, the claimant’s employer testified that a certain sum was deleted from the claimant’s check, whereupon he quit. The claimant’s denial that he quit merely created a question of fact for the board and, accordingly, its determination that he voluntarily left the employment is supported by substantial evidence. The circumstances surrounding the leaving of employment created a question of fact for the board as to [695]*695whether or not the claimant had good cause and its determination of that issue is also supported by substantial evidence. Decision affirmed, without costs. Greenblott, J. P., Kane, Main, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

52 A.D.2d 694, 382 N.Y.S.2d 384, 1976 N.Y. App. Div. LEXIS 12366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-cavese-nyappdiv-1976.