In re the Claim of Chiaramonte

Appellate Division of the Supreme Court of New York

In re the Claim of Chiaramonte

197 A.D.2d 829, 603 N.Y.S.2d 19, 1993 N.Y. App. Div. LEXIS 10082

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

DecidedOctober 28, 1993

StatusPublished

Cited by1 cases

This text of 197 A.D.2d 829 (In re the Claim of Chiaramonte) 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 Chiaramonte, 197 A.D.2d 829, 603 N.Y.S.2d 19, 1993 N.Y. App. Div. LEXIS 10082 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Appeal from a decision of the Unem[830]*830ployment Insurance Appeal Board, filed May 4, 1992, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

The conclusion by the Board that claimant voluntarily left his employment because he did not want to work in his reassigned duties is supported by substantial evidence and must be upheld. Claimant never expressed his dissatisfaction with his new duties to the proper employer representative in charge of such matters and never requested a transfer back to his former duties. Furthermore, the determination that claimant made a willful misrepresentation to obtain unemployment insurance benefits is also supported by substantial evidence.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Cardona, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unem[830]*830ployment Insurance Appeal Board, filed May 4, 1992, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

The conclusion by the Board that claimant voluntarily left his employment because he did not want to work in his reassigned duties is supported by substantial evidence and must be upheld. Claimant never expressed his dissatisfaction with his new duties to the proper employer representative in charge of such matters and never requested a transfer back to his former duties. Furthermore, the determination that claimant made a willful misrepresentation to obtain unemployment insurance benefits is also supported by substantial evidence.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Cardona, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

197 A.D.2d 829, 603 N.Y.S.2d 19, 1993 N.Y. App. Div. LEXIS 10082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-chiaramonte-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack