In re the Claim of Joyce

Appellate Division of the Supreme Court of New York

In re the Claim of Joyce

250 A.D.2d 901, 672 N.Y.S.2d 521, 1998 N.Y. App. Div. LEXIS 5356

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

DecidedMay 7, 1998

StatusPublished

Cited by3 cases

This text of 250 A.D.2d 901 (In re the Claim of Joyce) 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 Joyce, 250 A.D.2d 901, 672 N.Y.S.2d 521, 1998 N.Y. App. Div. LEXIS 5356 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 6, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed as a postal worker until July 12, 1996, when he was ordered to leave the premises after an outburst whereby he screamed racist remarks and threatened his co-workers. The employer’s psychiatrist thereafter found claimant “not fit for duty” and advised him to seek outside psychiatric treatment. The employer subsequently informed claimant that until he obtained this treatment, he would be unable to return to work. Nevertheless, claimant advised the employer that he was unwilling to seek outside psychiatric treatment.

In our view, substantial evidence suppprts the Unemployment Insurance Appeal Board’s decision ruling that claimant voluntarily left his employment without good cause. It is well [902]*902settled that, “[w]hen a claimant fails to take a step that is reasonably required as a prerequisite to continued employment, the claimant will be deemed to have left his employment without good cause” (Matter of Bonilla [Sweeney], 233 AD2d 735, 735-736). Here, we find no reason to disturb the Board’s decision disqualifying claimant from receiving benefits.

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 6, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed as a postal worker until July 12, 1996, when he was ordered to leave the premises after an outburst whereby he screamed racist remarks and threatened his co-workers. The employer’s psychiatrist thereafter found claimant “not fit for duty” and advised him to seek outside psychiatric treatment. The employer subsequently informed claimant that until he obtained this treatment, he would be unable to return to work. Nevertheless, claimant advised the employer that he was unwilling to seek outside psychiatric treatment.

In our view, substantial evidence suppprts the Unemployment Insurance Appeal Board’s decision ruling that claimant voluntarily left his employment without good cause. It is well [902]*902settled that, “[w]hen a claimant fails to take a step that is reasonably required as a prerequisite to continued employment, the claimant will be deemed to have left his employment without good cause” (Matter of Bonilla [Sweeney], 233 AD2d 735, 735-736). Here, we find no reason to disturb the Board’s decision disqualifying claimant from receiving benefits.

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

250 A.D.2d 901, 672 N.Y.S.2d 521, 1998 N.Y. App. Div. LEXIS 5356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-joyce-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack