In re the Claim of Kossoff

Appellate Division of the Supreme Court of New York

In re the Claim of Kossoff

51 A.D.2d 1072, 380 N.Y.S.2d 361, 1976 N.Y. App. Div. LEXIS 11907

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

DecidedMarch 4, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 1072 (In re the Claim of Kossoff) 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 Kossoff, 51 A.D.2d 1072, 380 N.Y.S.2d 361, 1976 N.Y. App. Div. LEXIS 11907 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 7, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground that he lost his employment through misconduct. Claimant, a messenger, was permitted a lunch hour of one hour which was flexible and could be taken at his option. On the day of his discharge claimant was in the office from 11:00 a.m. to 12:00 noon but did not take his lunch period. When he returned from making deliveries at about 3:40 p.m., he told his employer that he had not had lunch and wished to be paid extra because he had missed his lunch. The employer replied that he had ample time to have his lunch and refused to pay him for the extra hour. The board found that claimant became insulted and tossed the deliveries on the supervisor’s desk and would not make the deliveries. He was discharged because he had refused to go out on the deliveries. The record contains substantial evidence in support of the board’s findings. Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 7, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground that he lost his employment through misconduct. Claimant, a messenger, was permitted a lunch hour of one hour which was flexible and could be taken at his option. On the day of his discharge claimant was in the office from 11:00 a.m. to 12:00 noon but did not take his lunch period. When he returned from making deliveries at about 3:40 p.m., he told his employer that he had not had lunch and wished to be paid extra because he had missed his lunch. The employer replied that he had ample time to have his lunch and refused to pay him for the extra hour. The board found that claimant became insulted and tossed the deliveries on the supervisor’s desk and would not make the deliveries. He was discharged because he had refused to go out on the deliveries. The record contains substantial evidence in support of the board’s findings. Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

51 A.D.2d 1072, 380 N.Y.S.2d 361, 1976 N.Y. App. Div. LEXIS 11907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kossoff-nyappdiv-1976.

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