In re the Claim of Jureczko

Appellate Division of the Supreme Court of New York

In re the Claim of Jureczko

216 A.D.2d 621, 627 N.Y.S.2d 181, 1995 N.Y. App. Div. LEXIS 5868

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

DecidedJune 1, 1995

StatusPublished

This text of 216 A.D.2d 621 (In re the Claim of Jureczko) 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 Jureczko, 216 A.D.2d 621, 627 N.Y.S.2d 181, 1995 N.Y. App. Div. LEXIS 5868 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 27, 1993, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant, an engineering technician, was discharged from his provisional appointment because of his failure to take a civil service examination. After a hearing, an Administrative Law Judge determined that claimant had provoked his discharge by failing to take the examination and was, therefore, disqualified from receiving benefits. The Board, however, subsequently reversed this determination and awarded claimant benefits. Inasmuch as there was uncontradicted evidence that claimant was not informed that taking the examination was a condition precedent to becoming a permanent employee, we find that the Board’s decision is supported by substantial evidence.

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

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 27, 1993, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant, an engineering technician, was discharged from his provisional appointment because of his failure to take a civil service examination. After a hearing, an Administrative Law Judge determined that claimant had provoked his discharge by failing to take the examination and was, therefore, disqualified from receiving benefits. The Board, however, subsequently reversed this determination and awarded claimant benefits. Inasmuch as there was uncontradicted evidence that claimant was not informed that taking the examination was a condition precedent to becoming a permanent employee, we find that the Board’s decision is supported by substantial evidence.

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

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Bluebook (online)

216 A.D.2d 621, 627 N.Y.S.2d 181, 1995 N.Y. App. Div. LEXIS 5868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-jureczko-nyappdiv-1995.