In re the Claim of Grecco

Appellate Division of the Supreme Court of New York

In re the Claim of Grecco

49 A.D.2d 791, 372 N.Y.S.2d 756, 1975 N.Y. App. Div. LEXIS 10834

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

DecidedSeptember 25, 1975

StatusPublished

This text of 49 A.D.2d 791 (In re the Claim of Grecco) 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 Grecco, 49 A.D.2d 791, 372 N.Y.S.2d 756, 1975 N.Y. App. Div. LEXIS 10834 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board which disqualified claimant from receiving benefits on the ground he voluntarily left his employment without good cause. Although claimant could have continued to work until he reached age 70, he retired at age 53 from his position with the Department of the Army to take advantage of a proffered 6.4% increase in his annuity for early retirement. In our view, there is substantial evidence in the record to sustain the board’s determination that this was a personal noncompelling reason under the law and constituted a voluntary leaving of employment without good cause disqualifying claimant from benefits. (Matter of Fisher [Levine], 36 NY2d 146). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board which disqualified claimant from receiving benefits on the ground he voluntarily left his employment without good cause. Although claimant could have continued to work until he reached age 70, he retired at age 53 from his position with the Department of the Army to take advantage of a proffered 6.4% increase in his annuity for early retirement. In our view, there is substantial evidence in the record to sustain the board’s determination that this was a personal noncompelling reason under the law and constituted a voluntary leaving of employment without good cause disqualifying claimant from benefits. (Matter of Fisher [Levine], 36 NY2d 146). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

49 A.D.2d 791, 372 N.Y.S.2d 756, 1975 N.Y. App. Div. LEXIS 10834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-grecco-nyappdiv-1975.

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