In re the Claim of Farrer

Appellate Division of the Supreme Court of New York

In re the Claim of Farrer

50 A.D.2d 653, 374 N.Y.S.2d 458, 1975 N.Y. App. Div. LEXIS 12481

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

DecidedNovember 13, 1975

StatusPublished

This text of 50 A.D.2d 653 (In re the Claim of Farrer) 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 Farrer, 50 A.D.2d 653, 374 N.Y.S.2d 458, 1975 N.Y. App. Div. LEXIS 12481 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 7, 1974, which affirmed a referee’s decision modifying the initial determination of misconduct to disqualification for voluntary separation without good cause, and holding that claimant willfully made a false statement to obtain benefits by reason of which a forfeiture of four effective days was imposed as a penalty in reduction of his future benefit rights. Claimant, a waiter, was informed his failure to be at work on Easter Sunday would result in loss of employment. He elected not to appear for personal, noncompelling reasons, and he [654]*654was terminated. Upon application for benefits, he stated his loss of employment was due to lack of work. The determination of these factual issues is in the sole province of the board and when, as it appears from this record, they are supported by substantial evidence, they must be affirmed (Matter of Schlags [CatherwoodJ 34 AD2d 597; Matter of Haynes [Catherwood], 30 AD2d 722). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Koreman and Main, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 7, 1974, which affirmed a referee’s decision modifying the initial determination of misconduct to disqualification for voluntary separation without good cause, and holding that claimant willfully made a false statement to obtain benefits by reason of which a forfeiture of four effective days was imposed as a penalty in reduction of his future benefit rights. Claimant, a waiter, was informed his failure to be at work on Easter Sunday would result in loss of employment. He elected not to appear for personal, noncompelling reasons, and he [654]*654was terminated. Upon application for benefits, he stated his loss of employment was due to lack of work. The determination of these factual issues is in the sole province of the board and when, as it appears from this record, they are supported by substantial evidence, they must be affirmed (Matter of Schlags [CatherwoodJ 34 AD2d 597; Matter of Haynes [Catherwood], 30 AD2d 722). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Koreman and Main, JJ., concur.

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Bluebook (online)

50 A.D.2d 653, 374 N.Y.S.2d 458, 1975 N.Y. App. Div. LEXIS 12481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-farrer-nyappdiv-1975.

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