In re the Claim of Keough

Appellate Division of the Supreme Court of New York

In re the Claim of Keough

50 A.D.2d 697, 375 N.Y.S.2d 453, 1975 N.Y. App. Div. LEXIS 12553

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

DecidedNovember 26, 1975

StatusPublished

This text of 50 A.D.2d 697 (In re the Claim of Keough) 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 Keough, 50 A.D.2d 697, 375 N.Y.S.2d 453, 1975 N.Y. App. Div. LEXIS 12553 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 17, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective October 9, 1974 because she lost her employment through misconduct in connection therewith. By letter of February 7, 1975 the employer advised the Unemployment Insurance Appeal Board that since her original employment the claimant’s job had changed, that she was unable to cope [698]*698with pressure situations which arose from time to time, and that her discharge was changed from "Refusal to carry out management’s instructions” to "Not suited for position”. In the light of such advice, the finding of the board that claimant lost her employment through misconduct is not supported by substantial evidence. Decision reversed, and matter remitted to the board for further proceedings, with costs. Herlihy, P. J., Greenblott, Koreman, Main and Reynolds, JJ., concur.

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 April 17, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective October 9, 1974 because she lost her employment through misconduct in connection therewith. By letter of February 7, 1975 the employer advised the Unemployment Insurance Appeal Board that since her original employment the claimant’s job had changed, that she was unable to cope [698]*698with pressure situations which arose from time to time, and that her discharge was changed from "Refusal to carry out management’s instructions” to "Not suited for position”. In the light of such advice, the finding of the board that claimant lost her employment through misconduct is not supported by substantial evidence. Decision reversed, and matter remitted to the board for further proceedings, with costs. Herlihy, P. J., Greenblott, Koreman, Main and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

50 A.D.2d 697, 375 N.Y.S.2d 453, 1975 N.Y. App. Div. LEXIS 12553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-keough-nyappdiv-1975.