In re the Claim of Juliano

Appellate Division of the Supreme Court of New York

In re the Claim of Juliano

52 A.D.2d 674, 382 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 12341

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

DecidedApril 15, 1976

StatusPublished

This text of 52 A.D.2d 674 (In re the Claim of Juliano) 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 Juliano, 52 A.D.2d 674, 382 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 12341 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 19, 1974, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. The claimant retired from her work with a Federal agency on June 30, 1974. At a hearing held before a referee she made vague accusations that she had been harassed; that the employment was adversely affecting her health; and that she had been induced to retire because of a letter from the Postmaster General which stated that early retirement would result in a 6.4% increase in retirement benefits. She clearly testified, however, that she retired because "I was tired of working” and "I put enough time in.” The record establishes that she voluntarily retired (Matter of Fisher [Levine], 36 NY2d 146), and there is substantial evidence to support the finding that it was without good cause. Decision affirmed, without costs. Koreman, P. J., Sweeney, Larkin, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 19, 1974, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. The claimant retired from her work with a Federal agency on June 30, 1974. At a hearing held before a referee she made vague accusations that she had been harassed; that the employment was adversely affecting her health; and that she had been induced to retire because of a letter from the Postmaster General which stated that early retirement would result in a 6.4% increase in retirement benefits. She clearly testified, however, that she retired because "I was tired of working” and "I put enough time in.” The record establishes that she voluntarily retired (Matter of Fisher [Levine], 36 NY2d 146), and there is substantial evidence to support the finding that it was without good cause. Decision affirmed, without costs. Koreman, P. J., Sweeney, Larkin, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

52 A.D.2d 674, 382 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 12341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-juliano-nyappdiv-1976.

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