In re the Claim of Knox

Appellate Division of the Supreme Court of New York

In re the Claim of Knox

195 A.D.2d 732, 601 N.Y.S.2d 874, 1993 N.Y. App. Div. LEXIS 7090

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

DecidedJuly 8, 1993

StatusPublished

This text of 195 A.D.2d 732 (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, 195 A.D.2d 732, 601 N.Y.S.2d 874, 1993 N.Y. App. Div. LEXIS 7090 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 18, 1992, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant’s case was reopened by the Unemployment Insurance Appeal Board for the sole purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment in Municipal Labor Comm. v Sitkin (1983 WL 44294 [SD NY, Aug. 1, 1983, Carter, [733]*733J. (79 Civ 5899)]). Insofar as claimant fails to allege any procedural errors, the Board’s decision should be upheld. Moreover, there is substantial evidence in the record to support the determination that claimant voluntarily left his employment for personal and noncompelling reasons and, therefore, without good cause (see, Matter of Sillan [French Tel. Cable Co.—Levine], 53 AD2d 719).

Mikoll, J. P, Yesawich Jr, Levine and Crew III, 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 June 18, 1992, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant’s case was reopened by the Unemployment Insurance Appeal Board for the sole purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment in Municipal Labor Comm. v Sitkin (1983 WL 44294 [SD NY, Aug. 1, 1983, Carter, [733]*733J. (79 Civ 5899)]). Insofar as claimant fails to allege any procedural errors, the Board’s decision should be upheld. Moreover, there is substantial evidence in the record to support the determination that claimant voluntarily left his employment for personal and noncompelling reasons and, therefore, without good cause (see, Matter of Sillan [French Tel. Cable Co.—Levine], 53 AD2d 719).

Mikoll, J. P, Yesawich Jr, Levine and Crew III, JJ, concur. Ordered that the decision is affirmed, without costs.

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195 A.D.2d 732, 601 N.Y.S.2d 874, 1993 N.Y. App. Div. LEXIS 7090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-knox-nyappdiv-1993.

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