In re the Claim of Green

Appellate Division of the Supreme Court of New York

In re the Claim of Green

49 A.D.2d 784, 372 N.Y.S.2d 259, 1975 N.Y. App. Div. LEXIS 10816

Appellate Division of the Supreme Court of the State of New York·Decided September 18, 1975·Published

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 28, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective January 6, 1974 on the ground that she lost her employment due to misconduct in connection therewith. A finding of misconduct is a factual one, and if, as in this case, it is supported by substantial evidence, it must be affirmed (Labor Law, § 593 [subd 3]; § 623). Decision affirmed, without costs. Herlihy, P. J., Kane, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 28, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective January 6, 1974 on the ground that she lost her employment due to misconduct in connection therewith. A finding of misconduct is a factual one, and if, as in this case, it is supported by substantial evidence, it must be affirmed (Labor Law, § 593 [subd 3]; § 623). Decision affirmed, without costs. Herlihy, P. J., Kane, Main, Larkin and Reynolds, JJ., concur.

In re the Claim of Green, 49 A.D.2d 784, 372 N.Y.S.2d 259, 1975 N.Y. App. Div. LEXIS 10816 (N.Y. Ct. App. 1975).

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49 A.D.2d 784 (In re the Claim of Green) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.