In re the Claim of Mizzi

Appellate Division of the Supreme Court of New York

In re the Claim of Mizzi

173 A.D.2d 1045, 570 N.Y.S.2d 380, 1991 N.Y. App. Div. LEXIS 7571

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

DecidedMay 16, 1991

StatusPublished

This text of 173 A.D.2d 1045 (In re the Claim of Mizzi) 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 Mizzi, 173 A.D.2d 1045, 570 N.Y.S.2d 380, 1991 N.Y. App. Div. LEXIS 7571 (N.Y. Ct. App. 1991).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 10, 1990, 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.

The only reason the Unemployment Insurance Appeal Board reopened its prior decision in claimant’s case was to determine whether there had been compliance with the procedural safeguards set forth in the consent judgment of Municipal Labor Comm. v Sitkin (US Dist Ct, SD NY, Mar. 11, 1988, Carter, J.). Having determined that there were no substantial procedural violations, the Board adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits. On this appeal, insofar as claimant does not allege any procedural errors, the Board’s decision should be upheld. In any event, when this case was originally before this court on the merits, we affirmed the Board’s decision that claimant had voluntarily left his employment without good cause (Matter of Mizzi [Ross], Dec. 31, 1990 [unpublished]).

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 10, 1990, 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.

The only reason the Unemployment Insurance Appeal Board reopened its prior decision in claimant’s case was to determine whether there had been compliance with the procedural safeguards set forth in the consent judgment of Municipal Labor Comm. v Sitkin (US Dist Ct, SD NY, Mar. 11, 1988, Carter, J.). Having determined that there were no substantial procedural violations, the Board adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits. On this appeal, insofar as claimant does not allege any procedural errors, the Board’s decision should be upheld. In any event, when this case was originally before this court on the merits, we affirmed the Board’s decision that claimant had voluntarily left his employment without good cause (Matter of Mizzi [Ross], Dec. 31, 1990 [unpublished]).

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

173 A.D.2d 1045, 570 N.Y.S.2d 380, 1991 N.Y. App. Div. LEXIS 7571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mizzi-nyappdiv-1991.