In re the Claim of Milano

Appellate Division of the Supreme Court of New York

In re the Claim of Milano

210 A.D.2d 721, 621 N.Y.S.2d 928, 1994 N.Y. App. Div. LEXIS 12759

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

DecidedDecember 15, 1994

StatusPublished

This text of 210 A.D.2d 721 (In re the Claim of Milano) 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 Milano, 210 A.D.2d 721, 621 N.Y.S.2d 928, 1994 N.Y. App. Div. LEXIS 12759 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 25, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Board reopened its prior decision in claimant’s case solely for the purpose of determining whether there had been compliance with the procedural safeguards enunciated in the consent judgment of Municipal Labor Comm. v Sitkin (1983 WL 44294, 79 Civ 5899). Having found no substantial violations, the Board adhered to its prior decision ruling that claimant voluntarily left her job without good cause. On this appeal by claimant, we find no support in the record for her contentions of procedural deficiencies. With respect to her arguments as to the merits of the case, we note that the underlying merits of her claim were not at issue in the Board’s reconsideration. The Board’s decision must, therefore, be upheld.

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, 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 25, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Board reopened its prior decision in claimant’s case solely for the purpose of determining whether there had been compliance with the procedural safeguards enunciated in the consent judgment of Municipal Labor Comm. v Sitkin (1983 WL 44294, 79 Civ 5899). Having found no substantial violations, the Board adhered to its prior decision ruling that claimant voluntarily left her job without good cause. On this appeal by claimant, we find no support in the record for her contentions of procedural deficiencies. With respect to her arguments as to the merits of the case, we note that the underlying merits of her claim were not at issue in the Board’s reconsideration. The Board’s decision must, therefore, be upheld.

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

210 A.D.2d 721, 621 N.Y.S.2d 928, 1994 N.Y. App. Div. LEXIS 12759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-milano-nyappdiv-1994.