In re the Claim of Grant

Appellate Division of the Supreme Court of New York

In re the Claim of Grant

50 A.D.2d 1006, 376 N.Y.S.2d 243, 1975 N.Y. App. Div. LEXIS 11986

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

DecidedDecember 18, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 1006 (In re the Claim of Grant) 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 Grant, 50 A.D.2d 1006, 376 N.Y.S.2d 243, 1975 N.Y. App. Div. LEXIS 11986 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 24, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective January 1, 1975 because she voluntarily left her employment without good cause. Whether good cause exists for separation from employment within the meaning of the Labor Law (§ 593, subd 1) is a factual question within the province of the board to resolve and its determination, if based upon substantial evidence, will not be disturbed. Claimant’s somewhat conflicting reasons for her resignation may have complicated the board’s task, but the record contains substantial evidence that she left fearing dismissal and not because of any demonstrated medical necessity. Accordingly, its determination that she voluntarily resigned without good cause must be affirmed (cf. Matter of Pascucci [Levine], 50 AD2d 703). Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 24, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective January 1, 1975 because she voluntarily left her employment without good cause. Whether good cause exists for separation from employment within the meaning of the Labor Law (§ 593, subd 1) is a factual question within the province of the board to resolve and its determination, if based upon substantial evidence, will not be disturbed. Claimant’s somewhat conflicting reasons for her resignation may have complicated the board’s task, but the record contains substantial evidence that she left fearing dismissal and not because of any demonstrated medical necessity. Accordingly, its determination that she voluntarily resigned without good cause must be affirmed (cf. Matter of Pascucci [Levine], 50 AD2d 703). Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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Bluebook (online)

50 A.D.2d 1006, 376 N.Y.S.2d 243, 1975 N.Y. App. Div. LEXIS 11986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-grant-nyappdiv-1975.

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