In re the Claim of Eustace

Appellate Division of the Supreme Court of New York

In re the Claim of Eustace

52 A.D.3d 1140, 862 N.Y.S.2d 125

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

DecidedJune 26, 2008

StatusPublished

Cited by3 cases

This text of 52 A.D.3d 1140 (In re the Claim of Eustace) 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 Eustace, 52 A.D.3d 1140, 862 N.Y.S.2d 125 (N.Y. Ct. App. 2008).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 10, 2007, which ruled that claimant was eligible to receive unemployment insurance benefits.

The sole issue presented on this appeal by the employer is whether the Unemployment Insurance Appeal Board, in determining that claimant had not lost his employment due to misconduct, improperly issued a decision contrary to prior arbitration findings. We conclude that it did not. Although the Board was “bound by the arbitrator’s factual findings regarding claimant’s conduct. . . , [it was] free to make . . . independent additional factual findings and form [its] own independent conclusion as to whether such conduct constituted ‘misconduct’ for purposes of unemployment insurance” (Matter of Guimarales [New York City Bd. of Educ.—Roberts], 68 NY2d 989, 991 [1986]). That being the case, we find that the Board’s decision was rationally based (see id.) and, as such, decline to disturb it.

Mercure, J.P, Spain, Lahtinen, Malone Jr. and Stein, JJ., concur. Ordered that the decision is affirmed, without costs.

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 April 10, 2007, which ruled that claimant was eligible to receive unemployment insurance benefits.

The sole issue presented on this appeal by the employer is whether the Unemployment Insurance Appeal Board, in determining that claimant had not lost his employment due to misconduct, improperly issued a decision contrary to prior arbitration findings. We conclude that it did not. Although the Board was “bound by the arbitrator’s factual findings regarding claimant’s conduct. . . , [it was] free to make . . . independent additional factual findings and form [its] own independent conclusion as to whether such conduct constituted ‘misconduct’ for purposes of unemployment insurance” (Matter of Guimarales [New York City Bd. of Educ.—Roberts], 68 NY2d 989, 991 [1986]). That being the case, we find that the Board’s decision was rationally based (see id.) and, as such, decline to disturb it.

Mercure, J.P, Spain, Lahtinen, Malone Jr. and Stein, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

52 A.D.3d 1140, 862 N.Y.S.2d 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-eustace-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack