In re the Claim of Kayal

Appellate Division of the Supreme Court of New York

In re the Claim of Kayal

50 A.D.2d 1006, 376 N.Y.S.2d 244, 1975 N.Y. App. Div. LEXIS 11985

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

DecidedDecember 18, 1975

StatusPublished

This text of 50 A.D.2d 1006 (In re the Claim of Kayal) 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 Kayal, 50 A.D.2d 1006, 376 N.Y.S.2d 244, 1975 N.Y. App. Div. LEXIS 11985 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 22, 1975, which reversed the decision of a referee sustaining an initial determination of the Industrial Commissioner and held claimant disqualified from receiving benefits on the ground that she voluntarily left her employment for personal and noncompelling reasons and without good cause. Claimant worked for the employer for more than nine years when she retired on her 65th birthday. A company rule provided that mandatory retirement was required at the end of the month in which the employee attained 65. The board found that claimant knew she could continue to work until the end of the month and that she was not advised by her employer to retire on her 65th birthday. Several factual issues were presented, including credibility, which were resolved against the claimant. The record contains substantial evidence to support its determination that claimant voluntarily left her employment without good cause. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 22, 1975, which reversed the decision of a referee sustaining an initial determination of the Industrial Commissioner and held claimant disqualified from receiving benefits on the ground that she voluntarily left her employment for personal and noncompelling reasons and without good cause. Claimant worked for the employer for more than nine years when she retired on her 65th birthday. A company rule provided that mandatory retirement was required at the end of the month in which the employee attained 65. The board found that claimant knew she could continue to work until the end of the month and that she was not advised by her employer to retire on her 65th birthday. Several factual issues were presented, including credibility, which were resolved against the claimant. The record contains substantial evidence to support its determination that claimant voluntarily left her employment without good cause. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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Bluebook (online)

50 A.D.2d 1006, 376 N.Y.S.2d 244, 1975 N.Y. App. Div. LEXIS 11985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kayal-nyappdiv-1975.