In re the Claim of Day

Appellate Division of the Supreme Court of New York

In re the Claim of Day

51 A.D.2d 1071, 380 N.Y.S.2d 362, 1976 N.Y. App. Div. LEXIS 11905

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

DecidedMarch 4, 1976

StatusPublished

Cited by2 cases

This text of 51 A.D.2d 1071 (In re the Claim of Day) 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 Day, 51 A.D.2d 1071, 380 N.Y.S.2d 362, 1976 N.Y. App. Div. LEXIS 11905 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1975, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective January 16, 1975 on the ground that claimant voluntarily left her employment without good cause. The position to which claimant was transferred entailed the performance of duties similar in nature to those required in the eliminated position and there was no title change or reduction in salary. Claimant’s refusal to enter upon or even try to perform in the new position is evidence which substantially supports the board’s finding that claimant’s separation was voluntary, without good cause and, therefore, disqualifying. The finding is supported by substantial evidence and cannot be disturbed. (Matter of Bennett [Catherwood], 33 AD2d 946.) Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1975, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective January 16, 1975 on the ground that claimant voluntarily left her employment without good cause. The position to which claimant was transferred entailed the performance of duties similar in nature to those required in the eliminated position and there was no title change or reduction in salary. Claimant’s refusal to enter upon or even try to perform in the new position is evidence which substantially supports the board’s finding that claimant’s separation was voluntary, without good cause and, therefore, disqualifying. The finding is supported by substantial evidence and cannot be disturbed. (Matter of Bennett [Catherwood], 33 AD2d 946.) Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.

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Bluebook (online)

51 A.D.2d 1071, 380 N.Y.S.2d 362, 1976 N.Y. App. Div. LEXIS 11905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-day-nyappdiv-1976.

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