In re the Claim of Knox

Appellate Division of the Supreme Court of New York

In re the Claim of Knox

18 A.D.2d 1123, 239 N.Y.S.2d 177, 1963 N.Y. App. Div. LEXIS 4031

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

DecidedApril 4, 1963

StatusPublished

Cited by1 cases

This text of 18 A.D.2d 1123 (In re the Claim of Knox) 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.

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In re the Claim of Knox, 18 A.D.2d 1123, 239 N.Y.S.2d 177, 1963 N.Y. App. Div. LEXIS 4031 (N.Y. Ct. App. 1963).

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Opinion

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board denying claimant’s eligibility for unemployment benefits on the grounds she provoked her discharge through her own misconduct. Claimant alleges that the record does not support the decision herein. Our province to review factual determinations of the board is, of course, limited to determining if the record contains substantial evidence to support such decisions (Labor Law, § 623; e.g., Matter of Mutual Benevolent Society of 1865 [Corsi], 293 N. Y. 901). The board has found claimant provoked discharge by leaving her work station without permission after warning and failure to report to work without proper excuse. While claimant has advanced plausible explanations of her conduct, [1124]*1124we find that the record contains substantial evidence upon which the board could reach the decision rendered and accordingly we must affirm. The fact that the board did not view the witnesses or that the Referee, who did, reached a different result if, of course, of no import. Decision unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Herlihy, Reynolds and Taylor, JJ.

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Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board denying claimant’s eligibility for unemployment benefits on the grounds she provoked her discharge through her own misconduct. Claimant alleges that the record does not support the decision herein. Our province to review factual determinations of the board is, of course, limited to determining if the record contains substantial evidence to support such decisions (Labor Law, § 623; e.g., Matter of Mutual Benevolent Society of 1865 [Corsi], 293 N. Y. 901). The board has found claimant provoked discharge by leaving her work station without permission after warning and failure to report to work without proper excuse. While claimant has advanced plausible explanations of her conduct, [1124]*1124we find that the record contains substantial evidence upon which the board could reach the decision rendered and accordingly we must affirm. The fact that the board did not view the witnesses or that the Referee, who did, reached a different result if, of course, of no import. Decision unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Herlihy, Reynolds and Taylor, JJ.

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Bluebook (online)

18 A.D.2d 1123, 239 N.Y.S.2d 177, 1963 N.Y. App. Div. LEXIS 4031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-knox-nyappdiv-1963.

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