In re the Claim of Ganzenmuller

Appellate Division of the Supreme Court of New York

In re the Claim of Ganzenmuller

34 A.D.2d 1073, 312 N.Y.S.2d 116, 1970 N.Y. App. Div. LEXIS 4250

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

DecidedJune 30, 1970

StatusPublished

This text of 34 A.D.2d 1073 (In re the Claim of Ganzenmuller) 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 Ganzenmuller, 34 A.D.2d 1073, 312 N.Y.S.2d 116, 1970 N.Y. App. Div. LEXIS 4250 (N.Y. Ct. App. 1970).

Pincite

Opinion

Greenblott, J.

Appeal from decisions of the Unemployment Insurance Appeal Board, filed April 9, 1969 and June 9, 1969, disqualifying claimant from unemployment insurance benefits on the ground that she voluntarily left her employment without good cause. Appellant, a night manager employed in a coffee shop of a large mid-town Manhattan hotel, moved to a new home in Edison, New Jersey. She testified that she left her employment because she was frightened on leaving her job at 2:00 am. by disreputable individuals she met on the street and in the subway at that hour. The board held her testimony insufficient to support a finding that she left her employment for that reason, and sustained the determination of the Referee that her actual cause for leaving was her move to an area distant from her place of employment. This factual finding that claimant’s move was a personal one, disqualifying her from benefits, is supported by substantial evidence in the record. (Matter of Fanzo [Catherwood], 29 A D 2d 598; Matter of Frankel [Catherwood], 26 A D 2d 866.) Decisions affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Greenblott, J.

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Greenblott, J.

Appeal from decisions of the Unemployment Insurance Appeal Board, filed April 9, 1969 and June 9, 1969, disqualifying claimant from unemployment insurance benefits on the ground that she voluntarily left her employment without good cause. Appellant, a night manager employed in a coffee shop of a large mid-town Manhattan hotel, moved to a new home in Edison, New Jersey. She testified that she left her employment because she was frightened on leaving her job at 2:00 am. by disreputable individuals she met on the street and in the subway at that hour. The board held her testimony insufficient to support a finding that she left her employment for that reason, and sustained the determination of the Referee that her actual cause for leaving was her move to an area distant from her place of employment. This factual finding that claimant’s move was a personal one, disqualifying her from benefits, is supported by substantial evidence in the record. (Matter of Fanzo [Catherwood], 29 A D 2d 598; Matter of Frankel [Catherwood], 26 A D 2d 866.) Decisions affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Greenblott, J.

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Bluebook (online)

34 A.D.2d 1073, 312 N.Y.S.2d 116, 1970 N.Y. App. Div. LEXIS 4250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-ganzenmuller-nyappdiv-1970.