In re the Claim of Donenfeld

Appellate Division of the Supreme Court of New York

In re the Claim of Donenfeld

109 A.D.2d 1042, 487 N.Y.S.2d 162, 1985 N.Y. App. Div. LEXIS 47520

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

DecidedMarch 28, 1985

StatusPublished

This text of 109 A.D.2d 1042 (In re the Claim of Donenfeld) 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 Donenfeld, 109 A.D.2d 1042, 487 N.Y.S.2d 162, 1985 N.Y. App. Div. LEXIS 47520 (N.Y. Ct. App. 1985).

Pincite

Opinion

Kane, J. P.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 8, 1984, which ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause.

The determination that claimant voluntarily left her employment without good cause is not supported by substantial evidence in the record. In a letter to the Commissioner of Labor dated December 19,1983, the employer indicated that claimant was discharged due to misconduct. Moreover, in Form LO 11 (3-81) dated October 8, 1983, the employer informed the Commissioner that claimant “was let go because of deliberate misconduct”. Based on these unequivocal representations by the employer, the Unemployment Insurance Appeal Board’s finding that claimant voluntarily left her employment is not supported by substantial evidence. The decision must, therefore, be reversed and the matter remitted to the Board for further proceedings not inconsistent herewith.

Decision reversed, without costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent herewith. Kane, J. P., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Kane, J. P.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 8, 1984, which ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause.

The determination that claimant voluntarily left her employment without good cause is not supported by substantial evidence in the record. In a letter to the Commissioner of Labor dated December 19,1983, the employer indicated that claimant was discharged due to misconduct. Moreover, in Form LO 11 (3-81) dated October 8, 1983, the employer informed the Commissioner that claimant “was let go because of deliberate misconduct”. Based on these unequivocal representations by the employer, the Unemployment Insurance Appeal Board’s finding that claimant voluntarily left her employment is not supported by substantial evidence. The decision must, therefore, be reversed and the matter remitted to the Board for further proceedings not inconsistent herewith.

Decision reversed, without costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent herewith. Kane, J. P., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Bluebook (online)

109 A.D.2d 1042, 487 N.Y.S.2d 162, 1985 N.Y. App. Div. LEXIS 47520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-donenfeld-nyappdiv-1985.