In re the Claim of Kobylinski

Appellate Division of the Supreme Court of New York

In re the Claim of Kobylinski

29 A.D.2d 589, 285 N.Y.S.2d 629, 1967 N.Y. App. Div. LEXIS 2763

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

DecidedDecember 15, 1967

StatusPublished

This text of 29 A.D.2d 589 (In re the Claim of Kobylinski) 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 Kobylinski, 29 A.D.2d 589, 285 N.Y.S.2d 629, 1967 N.Y. App. Div. LEXIS 2763 (N.Y. Ct. App. 1967).

Pincite

Opinion

Gabrielli, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits effective January 24, 1967 on the ground he voluntarily left his employment without good cause. Claimant, an hourly worker, sought a guarantee of a minimum salary from his employer and alleges that while discussing the application, his supervisor insulted him by calling him names. He thereupon left his employment. The board’s finding that claimant was not insulted and that “ His reasons for quitting his job were purely personal and non-compelling and without good cause ” was based upon substantial evidence. The question of “ good cause ” is factual, thus within the province of the board and if supported by substantial evidence, must be upheld (e.g., Matter of Sperling [Catherwood], 20 A D 2d 584, mot. for iv. to opp. den. 14 N Y 2d 481; Labor Law, § 623). Decision affirmed, without costs. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.

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Gabrielli, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits effective January 24, 1967 on the ground he voluntarily left his employment without good cause. Claimant, an hourly worker, sought a guarantee of a minimum salary from his employer and alleges that while discussing the application, his supervisor insulted him by calling him names. He thereupon left his employment. The board’s finding that claimant was not insulted and that “ His reasons for quitting his job were purely personal and non-compelling and without good cause ” was based upon substantial evidence. The question of “ good cause ” is factual, thus within the province of the board and if supported by substantial evidence, must be upheld (e.g., Matter of Sperling [Catherwood], 20 A D 2d 584, mot. for iv. to opp. den. 14 N Y 2d 481; Labor Law, § 623). Decision affirmed, without costs. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.

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Bluebook (online)

29 A.D.2d 589, 285 N.Y.S.2d 629, 1967 N.Y. App. Div. LEXIS 2763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kobylinski-nyappdiv-1967.