In re the Claim of Foy

Appellate Division of the Supreme Court of New York

In re the Claim of Foy

79 A.D.2d 842, 435 N.Y.S.2d 129, 1980 N.Y. App. Div. LEXIS 14242

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

DecidedDecember 31, 1980

StatusPublished

Cited by3 cases

This text of 79 A.D.2d 842 (In re the Claim of Foy) 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 Foy, 79 A.D.2d 842, 435 N.Y.S.2d 129, 1980 N.Y. App. Div. LEXIS 14242 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 15, 1979, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits, effective January 2, 1979, because she refused employment without good cause. Claimant, a music teacher, was denied unemployment insurance benefits based upon her refusal to accept an offer of employment before she had applied for the benefits. In a case remarkably similar to the operative facts in the instant case, this court held that a refusal of an offer of employment by a person not then claiming benefits, cannot be the ground for disqualification under subdivision 2 of section 593 of the Labor Law (Matter of Foscarinis [Corsi], 284 App Div 476). Thus, since the claimant in the instant case had not applied for benefits when she declined an employment offer, the refusal was not a proper basis for a denial of benefits. Decision reversed, with costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent herewith. Mahoney, P. J., Greenblott, Sweeney, Main and Herlihy, JJ., concur.

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 August 15, 1979, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits, effective January 2, 1979, because she refused employment without good cause. Claimant, a music teacher, was denied unemployment insurance benefits based upon her refusal to accept an offer of employment before she had applied for the benefits. In a case remarkably similar to the operative facts in the instant case, this court held that a refusal of an offer of employment by a person not then claiming benefits, cannot be the ground for disqualification under subdivision 2 of section 593 of the Labor Law (Matter of Foscarinis [Corsi], 284 App Div 476). Thus, since the claimant in the instant case had not applied for benefits when she declined an employment offer, the refusal was not a proper basis for a denial of benefits. Decision reversed, with costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent herewith. Mahoney, P. J., Greenblott, Sweeney, Main and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

79 A.D.2d 842, 435 N.Y.S.2d 129, 1980 N.Y. App. Div. LEXIS 14242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-foy-nyappdiv-1980.

Opinion

Related

Cite This Page — Counsel Stack