In re the Claim of DeMarco

Appellate Division of the Supreme Court of New York

In re the Claim of DeMarco

50 A.D.2d 962, 375 N.Y.S.2d 677, 1975 N.Y. App. Div. LEXIS 11918

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

DecidedDecember 4, 1975

StatusPublished

This text of 50 A.D.2d 962 (In re the Claim of DeMarco) 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 DeMarco, 50 A.D.2d 962, 375 N.Y.S.2d 677, 1975 N.Y. App. Div. LEXIS 11918 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 17, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground that he voluntarily left his employment without good cause. The board’s finding that claimant left his employment to be eligible for a union pension and to seek employment closer to home is supported by the record. Claimant testified that he was in good health and received no medical advice to leave his employment. In our view, there is substantial evidence to sustain the board’s determination that claimant left his employment for personal noncompelling reasons which constituted a voluntary leaving of employment without good cause. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 17, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground that he voluntarily left his employment without good cause. The board’s finding that claimant left his employment to be eligible for a union pension and to seek employment closer to home is supported by the record. Claimant testified that he was in good health and received no medical advice to leave his employment. In our view, there is substantial evidence to sustain the board’s determination that claimant left his employment for personal noncompelling reasons which constituted a voluntary leaving of employment without good cause. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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Bluebook (online)

50 A.D.2d 962, 375 N.Y.S.2d 677, 1975 N.Y. App. Div. LEXIS 11918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-demarco-nyappdiv-1975.