In re the Claim of Galati

Appellate Division of the Supreme Court of New York

In re the Claim of Galati

51 A.D.2d 604, 377 N.Y.S.2d 770, 1976 N.Y. App. Div. LEXIS 10918

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

DecidedJanuary 8, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 604 (In re the Claim of Galati) 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 Galati, 51 A.D.2d 604, 377 N.Y.S.2d 770, 1976 N.Y. App. Div. LEXIS 10918 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 30, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he lost his employment due to misconduct, charging him with an overpayment of $760 in benefits, ruled recoverable, and holding he made a willfully false statement to receive benefits for which a forfeiture of 32 effective days was imposed (Labor Law, § 593, subd 3; § 594). The issues raised in the instant appeal by claimant, a building manager, involve solely questions of fact and credibility and were thus for the board’s resolution if its determination is supported by substantial evidence (e.g., Matter of Lester [Catherwood] 30 AD2d 1025). There is present in the record here substantial evidence to support the conclusions that claimant’s actions constituted misconduct (e.g., Matter of Lester [Catherwood] supra) and that he willfully misrepresented the reason for his loss of employment (e.g. Matter of Worms [Catherwood] 28 AD2d 1188). Decision affirmed, without costs. Sweeney, J. P., Kane, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 30, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he lost his employment due to misconduct, charging him with an overpayment of $760 in benefits, ruled recoverable, and holding he made a willfully false statement to receive benefits for which a forfeiture of 32 effective days was imposed (Labor Law, § 593, subd 3; § 594). The issues raised in the instant appeal by claimant, a building manager, involve solely questions of fact and credibility and were thus for the board’s resolution if its determination is supported by substantial evidence (e.g., Matter of Lester [Catherwood] 30 AD2d 1025). There is present in the record here substantial evidence to support the conclusions that claimant’s actions constituted misconduct (e.g., Matter of Lester [Catherwood] supra) and that he willfully misrepresented the reason for his loss of employment (e.g. Matter of Worms [Catherwood] 28 AD2d 1188). Decision affirmed, without costs. Sweeney, J. P., Kane, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

51 A.D.2d 604, 377 N.Y.S.2d 770, 1976 N.Y. App. Div. LEXIS 10918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-galati-nyappdiv-1976.

Opinion

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