In re the Claim of Perez

Appellate Division of the Supreme Court of New York

In re the Claim of Perez

50 A.D.2d 977, 376 N.Y.S.2d 43, 1975 N.Y. App. Div. LEXIS 11939

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

DecidedDecember 11, 1975

StatusPublished

This text of 50 A.D.2d 977 (In re the Claim of Perez) 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 Perez, 50 A.D.2d 977, 376 N.Y.S.2d 43, 1975 N.Y. App. Div. LEXIS 11939 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 9, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground she voluntarily left her employment without good cause and imposing a forfeiture of four consecutive days on the ground claimant willfully made a false statement to obtain benefits. In our opinion, there is substantial evidence to support the board’s finding that claimant voluntarily left her employment and was not discharged. The claimant’s union arranged for her to return to work and she failed to report for work. Claimant reported she was laid-off in her application for benefits. There is substantial evidence to support the board’s finding that the statement of claimant was willfully false. The findings of fact being supported by substantial evidence cannot be disturbed by this court (Matter of Fisher [Levine], 36 NY2d 146). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Larkin and Reynolds, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 9, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground she voluntarily left her employment without good cause and imposing a forfeiture of four consecutive days on the ground claimant willfully made a false statement to obtain benefits. In our opinion, there is substantial evidence to support the board’s finding that claimant voluntarily left her employment and was not discharged. The claimant’s union arranged for her to return to work and she failed to report for work. Claimant reported she was laid-off in her application for benefits. There is substantial evidence to support the board’s finding that the statement of claimant was willfully false. The findings of fact being supported by substantial evidence cannot be disturbed by this court (Matter of Fisher [Levine], 36 NY2d 146). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

50 A.D.2d 977, 376 N.Y.S.2d 43, 1975 N.Y. App. Div. LEXIS 11939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-perez-nyappdiv-1975.

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