In re the Claim of Cotto

Appellate Division of the Supreme Court of New York

In re the Claim of Cotto

51 A.D.2d 1069, 380 N.Y.S.2d 802, 1976 N.Y. App. Div. LEXIS 11900

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

DecidedMarch 4, 1976

StatusPublished

This text of 51 A.D.2d 1069 (In re the Claim of Cotto) 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 Cotto, 51 A.D.2d 1069, 380 N.Y.S.2d 802, 1976 N.Y. App. Div. LEXIS 11900 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 16, 1974, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective April 18, 1974 on the ground that he voluntarily left his employment without good cause. The claimant and a coemployee were found leaving their employment with merchandise belonging to the employer and [1070]*1070were given the alternative of resigning or being arrested. The claimant chose to resign. On the appeal he claims that he was forced to retire and that the board finding that he voluntarily left his employment without good cause is not supported by substantial evidence. There were several bases on which the board could have predicated its finding and decision. It might be argued that voluntarily leaving his employment without good cause is tenuous under the present circumstances. Nevertheless, the decision should be affirmed. The employer had good cause to discharge the claimant, but instead chose to give claimant the opportunity to resign. Rather than be arrested, he elected to resign. As to the contention that the board received various documents subsequent to the hearing, these were in no way prejudicial to the claimant. Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

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

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 16, 1974, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective April 18, 1974 on the ground that he voluntarily left his employment without good cause. The claimant and a coemployee were found leaving their employment with merchandise belonging to the employer and [1070]*1070were given the alternative of resigning or being arrested. The claimant chose to resign. On the appeal he claims that he was forced to retire and that the board finding that he voluntarily left his employment without good cause is not supported by substantial evidence. There were several bases on which the board could have predicated its finding and decision. It might be argued that voluntarily leaving his employment without good cause is tenuous under the present circumstances. Nevertheless, the decision should be affirmed. The employer had good cause to discharge the claimant, but instead chose to give claimant the opportunity to resign. Rather than be arrested, he elected to resign. As to the contention that the board received various documents subsequent to the hearing, these were in no way prejudicial to the claimant. Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 1069, 380 N.Y.S.2d 802, 1976 N.Y. App. Div. LEXIS 11900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-cotto-nyappdiv-1976.