In re the Claim of Mastro

Appellate Division of the Supreme Court of New York

In re the Claim of Mastro

52 A.D.2d 708, 382 N.Y.S.2d 589, 1976 N.Y. App. Div. LEXIS 12389

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

DecidedApril 29, 1976

StatusPublished

Cited by9 cases

This text of 52 A.D.2d 708 (In re the Claim of Mastro) 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 Mastro, 52 A.D.2d 708, 382 N.Y.S.2d 589, 1976 N.Y. App. Div. LEXIS 12389 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 3, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. The claimant was advised by her employer on July 10, 1975 that she was being terminated on July 28, 1975. The claimant left her work and did not work the remaining days. Leaving work in anticipation of the discharge date is not good cause for leaving the employment (Matter of Berkowitz [Levine], 41 AD2d 791; Matter of Schneider [Levine], 37 AD2d 788). The record discloses no other justification for the leaving and, accordingly, the decision is supported by substantial evidence. Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 3, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. The claimant was advised by her employer on July 10, 1975 that she was being terminated on July 28, 1975. The claimant left her work and did not work the remaining days. Leaving work in anticipation of the discharge date is not good cause for leaving the employment (Matter of Berkowitz [Levine], 41 AD2d 791; Matter of Schneider [Levine], 37 AD2d 788). The record discloses no other justification for the leaving and, accordingly, the decision is supported by substantial evidence. Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

52 A.D.2d 708, 382 N.Y.S.2d 589, 1976 N.Y. App. Div. LEXIS 12389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mastro-nyappdiv-1976.

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