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In re the Claim of Patterson

50 A.D.2d 703, 375 N.Y.S.2d 491, 1975 N.Y. App. Div. LEXIS 12567
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 26, 1975
StatusPublished
Cited by7 cases

This text of 50 A.D.2d 703 (In re the Claim of Patterson) 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 Patterson, 50 A.D.2d 703, 375 N.Y.S.2d 491, 1975 N.Y. App. Div. LEXIS 12567 (N.Y. Ct. App. 1975).

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 3, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits upon the ground that he lost his employment due to his own misconduct in connection therewith. A finding of misconduct is a factual one and solely within the province of the board, and its decision, when supported by substantial evidence, which is the situation here, must be affirmed. Absenteeism, after a warning of the consequences upon recurrence, is equivalent to misconduct (cf. Matter of Rivera [Levine], 47 AD2d 569). Claimant’s protestations concerning the receipt of hearsay evidence are without merit (Labor Law, § 622, subd 2; Matter of Simpson [Catherwood] 9 AD2d 967). Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.

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Related

In re the Claim of Barnes
195 A.D.2d 745 (Appellate Division of the Supreme Court of New York, 1993)
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180 A.D.2d 996 (Appellate Division of the Supreme Court of New York, 1992)
In re the Claim of Montuori
176 A.D.2d 982 (Appellate Division of the Supreme Court of New York, 1991)
In re the Claim of Lawson
151 A.D.2d 868 (Appellate Division of the Supreme Court of New York, 1989)
In re the Claim of Solanikow
67 A.D.2d 793 (Appellate Division of the Supreme Court of New York, 1979)
In re the Claim of Petrie
58 A.D.2d 963 (Appellate Division of the Supreme Court of New York, 1977)
In re the Claim of Bossert
53 A.D.2d 742 (Appellate Division of the Supreme Court of New York, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
50 A.D.2d 703, 375 N.Y.S.2d 491, 1975 N.Y. App. Div. LEXIS 12567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-patterson-nyappdiv-1975.