In re the Claim of Nobles

Appellate Division of the Supreme Court of New York

In re the Claim of Nobles

211 A.D.2d 936, 621 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 243

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

DecidedJanuary 12, 1995

StatusPublished

This text of 211 A.D.2d 936 (In re the Claim of Nobles) 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 Nobles, 211 A.D.2d 936, 621 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 243 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 19, 1994, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant’s case was reopened by the Board for the sole purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment in Municipal Labor Comm. v Sitkin (1983 WL 44294 [US Dist Ct, SD NY, Aug. 1, 1983, Carter, J., 79 Civ 5899]). Having found no procedural violations, the Board adhered to its prior decision ruling that claimant was terminated from his position as a medical secretary for misconduct. On this appeal, claimant fails to allege any procedural deficiencies and we conclude that the Board’s determination is supported by substantial evidence.

Cardona, P. J., Mercure, White, Casey 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 January 19, 1994, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant’s case was reopened by the Board for the sole purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment in Municipal Labor Comm. v Sitkin (1983 WL 44294 [US Dist Ct, SD NY, Aug. 1, 1983, Carter, J., 79 Civ 5899]). Having found no procedural violations, the Board adhered to its prior decision ruling that claimant was terminated from his position as a medical secretary for misconduct. On this appeal, claimant fails to allege any procedural deficiencies and we conclude that the Board’s determination is supported by substantial evidence.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

211 A.D.2d 936, 621 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-nobles-nyappdiv-1995.