In re the Claim of Hamilton

Appellate Division of the Supreme Court of New York

In re the Claim of Hamilton

50 A.D.2d 977, 376 N.Y.S.2d 42, 1975 N.Y. App. Div. LEXIS 11940

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

DecidedDecember 11, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 977 (In re the Claim of Hamilton) 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 Hamilton, 50 A.D.2d 977, 376 N.Y.S.2d 42, 1975 N.Y. App. Div. LEXIS 11940 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 21, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective September 27, 1974 on the ground that he voluntarily left his employment without good cause. Claimant, an employee of a Federal agency, was found by that agency to have left his employment to "leave area-personal family problems”. Later claimant certified to the unemployment insurance office that he left his job to go to Massachusetts to take care of his ill mother. When he was asked to submit a medical statement confirming his mother’s illness, however, claimant refused to do so. Since there is no evidence in the record to show that claimant’s presence was necessary to care for his mother, the board could find that claimant voluntarily left his employment without good cause. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Koreman, Main and Reynolds, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 21, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective September 27, 1974 on the ground that he voluntarily left his employment without good cause. Claimant, an employee of a Federal agency, was found by that agency to have left his employment to "leave area-personal family problems”. Later claimant certified to the unemployment insurance office that he left his job to go to Massachusetts to take care of his ill mother. When he was asked to submit a medical statement confirming his mother’s illness, however, claimant refused to do so. Since there is no evidence in the record to show that claimant’s presence was necessary to care for his mother, the board could find that claimant voluntarily left his employment without good cause. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Koreman, Main and Reynolds, JJ., concur.

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Bluebook (online)

50 A.D.2d 977, 376 N.Y.S.2d 42, 1975 N.Y. App. Div. LEXIS 11940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-hamilton-nyappdiv-1975.

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