In re the Claim of David

Appellate Division of the Supreme Court of New York

In re the Claim of David

55 A.D.2d 770, 389 N.Y.S.2d 482, 1976 N.Y. App. Div. LEXIS 15555

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

DecidedDecember 20, 1976

StatusPublished

Cited by4 cases

This text of 55 A.D.2d 770 (In re the Claim of David) 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 David, 55 A.D.2d 770, 389 N.Y.S.2d 482, 1976 N.Y. App. Div. LEXIS 15555 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 7, 1976, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant for benefits effective May 27, 1975 because he voluntarily left his employment without good cause. Claimant requested and was granted a three-month leave of absence for medical reasons. However, following the expiration of the leave claimant did not return to work nor contact his employer to explain his continued absence. Moreover, he did not respond when the employer attempted to contact him and his employment was then terminated in accordance with civil service regulations. The issue of good cause is factual and since the board’s determination in the instant case is supported by substantial evidence it must be affirmed (e.g., Matter of Famulare [Catherwood], 34 AD2d 705). The board could properly conclude that claimant’s failure to report for work when scheduled or to contact his employer constituted a voluntary leaving of employment without good cause (Matter of Ruggirello [Catherwood] 25 AD2d 597; Matter of Oscodar [Catherwood] 25 AD2d 913). Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 7, 1976, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant for benefits effective May 27, 1975 because he voluntarily left his employment without good cause. Claimant requested and was granted a three-month leave of absence for medical reasons. However, following the expiration of the leave claimant did not return to work nor contact his employer to explain his continued absence. Moreover, he did not respond when the employer attempted to contact him and his employment was then terminated in accordance with civil service regulations. The issue of good cause is factual and since the board’s determination in the instant case is supported by substantial evidence it must be affirmed (e.g., Matter of Famulare [Catherwood], 34 AD2d 705). The board could properly conclude that claimant’s failure to report for work when scheduled or to contact his employer constituted a voluntary leaving of employment without good cause (Matter of Ruggirello [Catherwood] 25 AD2d 597; Matter of Oscodar [Catherwood] 25 AD2d 913). Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

55 A.D.2d 770, 389 N.Y.S.2d 482, 1976 N.Y. App. Div. LEXIS 15555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-david-nyappdiv-1976.

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