In re the Claim of Frankel

Appellate Division of the Supreme Court of New York

In re the Claim of Frankel

51 A.D.2d 839, 380 N.Y.S.2d 102, 1976 N.Y. App. Div. LEXIS 11441

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

DecidedFebruary 19, 1976

StatusPublished

This text of 51 A.D.2d 839 (In re the Claim of Frankel) 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 Frankel, 51 A.D.2d 839, 380 N.Y.S.2d 102, 1976 N.Y. App. Div. LEXIS 11441 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of Appeal the Unemployment Insurance Appeal Board, filed July 9, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he voluntarily left his employment without good cause. The circumstances surrounding claimant’s separation from employment are in sharp dispute. The referee has specifically adopted the version presented by the employer and the board has adopted those findings and affirmed. Questions of fact are presented for resolution and the determination of such issues is one for the board, and, if supported by substantial evidence, must be affirmed (Matter of Weber [Catherwood], 32 AD2d 697). The determination that claimant voluntarily left his employment without good cause is supported by this record (Matter of Marcus [Levine], 50 AD2d 1004; Matter of Perry [Catherwood], 24 AD2d 921, Matter of Sellers [Catherwood], 13 AD2d 204). We find no merit in other issues raised on this appeal. Decision affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Main, JJ., concur.

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Appeal from a decision of Appeal the Unemployment Insurance Appeal Board, filed July 9, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he voluntarily left his employment without good cause. The circumstances surrounding claimant’s separation from employment are in sharp dispute. The referee has specifically adopted the version presented by the employer and the board has adopted those findings and affirmed. Questions of fact are presented for resolution and the determination of such issues is one for the board, and, if supported by substantial evidence, must be affirmed (Matter of Weber [Catherwood], 32 AD2d 697). The determination that claimant voluntarily left his employment without good cause is supported by this record (Matter of Marcus [Levine], 50 AD2d 1004; Matter of Perry [Catherwood], 24 AD2d 921, Matter of Sellers [Catherwood], 13 AD2d 204). We find no merit in other issues raised on this appeal. Decision affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Main, JJ., concur.

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Bluebook (online)

51 A.D.2d 839, 380 N.Y.S.2d 102, 1976 N.Y. App. Div. LEXIS 11441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-frankel-nyappdiv-1976.

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