Home/Appellate Division of the Supreme Court of New York/In re the Claim of Murphy

In re the Claim of Murphy

82 A.D.2d 970, 440 N.Y.S.2d 488, 1981 N.Y. App. Div. LEXIS 14705
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 11, 1981
StatusPublished
Cited by8 cases

This text of 82 A.D.2d 970 (In re the Claim of Murphy) 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 Murphy, 82 A.D.2d 970, 440 N.Y.S.2d 488, 1981 N.Y. App. Div. LEXIS 14705 (N.Y. Ct. App. 1981).

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 15, 1980, which affirmed an Administrative Law Judge’s decision sustaining initial determinations of the Industrial Commissioner that claimant was ineligible for benefits because (1) she was not available for employment and (2) she had refused employment without good cause. Issues of fact concerning restrictions imposed on proffered employment (Matter of Beal [Ross], 67 AD2d 1026) are for the board’s determination (Matter ofLunney [Catherwood], 32 AD2d 864), and if supported by substantial evidence, that determination will not be disturbed. Similarly, refusal of employment for good cause is a factual issue solely within the province of the board (Matter of Anderson [Levine], 53 AD2d 771). Refusal of employment that is temporary is not good cause (Matter of Hernandez [Catherwood], 33 AD2d 972), and if the determination is supported by substantial evidence, it will be affirmed (see Matter of Purdy v Kreisberg, 47 NY2d 354, 358). Decision affirmed, without costs. Main, J.P., Casey, Yesawich, Jr., Weiss and Herlihy, JJ., concur.

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

Related

MatterofTweedie[Commr.ofLabor]
Appellate Division of the Supreme Court of New York, 2014
In re the Claim of Tweedie
120 A.D.3d 875 (Appellate Division of the Supreme Court of New York, 2014)
In re the Claim of Ruiz
70 A.D.3d 1098 (Appellate Division of the Supreme Court of New York, 2010)
In re the Claim of Schirra
45 A.D.3d 1067 (Appellate Division of the Supreme Court of New York, 2007)
In re Roberts
250 A.D.2d 1024 (Appellate Division of the Supreme Court of New York, 1998)
In re the Claim of Burnett
189 A.D.2d 1053 (Appellate Division of the Supreme Court of New York, 1993)
In re the Claim of Wachtel
168 A.D.2d 773 (Appellate Division of the Supreme Court of New York, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
82 A.D.2d 970, 440 N.Y.S.2d 488, 1981 N.Y. App. Div. LEXIS 14705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-murphy-nyappdiv-1981.