In re the Claim of Johnson

Appellate Division of the Supreme Court of New York

In re the Claim of Johnson

52 A.D.2d 1022, 383 N.Y.S.2d 702, 1976 N.Y. App. Div. LEXIS 12918

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

DecidedMay 27, 1976

StatusPublished

This text of 52 A.D.2d 1022 (In re the Claim of Johnson) 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 Johnson, 52 A.D.2d 1022, 383 N.Y.S.2d 702, 1976 N.Y. App. Div. LEXIS 12918 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 17, 1975, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits, effective February 22, 1975, upon the ground that he voluntarily left his employment without good cause. The varying versions surrounding claimant’s leaving of employment, presented by the claimant and by the employer, gave rise to questions of fact and credibility. Since there is substantial evidence to support the board’s resolution of the issues, its determination should not be disturbed (Matter of Famulare [Catherwood] 34 AD2d 705). Decision affirmed, without costs. Sweeney, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 17, 1975, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits, effective February 22, 1975, upon the ground that he voluntarily left his employment without good cause. The varying versions surrounding claimant’s leaving of employment, presented by the claimant and by the employer, gave rise to questions of fact and credibility. Since there is substantial evidence to support the board’s resolution of the issues, its determination should not be disturbed (Matter of Famulare [Catherwood] 34 AD2d 705). Decision affirmed, without costs. Sweeney, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

52 A.D.2d 1022, 383 N.Y.S.2d 702, 1976 N.Y. App. Div. LEXIS 12918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-johnson-nyappdiv-1976.

Opinion

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