In re the Claim of Petrillo

Appellate Division of the Supreme Court of New York

In re the Claim of Petrillo

224 A.D.2d 855, 638 N.Y.S.2d 205, 1996 N.Y. App. Div. LEXIS 1282

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

DecidedFebruary 22, 1996

StatusPublished

Cited by2 cases

This text of 224 A.D.2d 855 (In re the Claim of Petrillo) 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 Petrillo, 224 A.D.2d 855, 638 N.Y.S.2d 205, 1996 N.Y. App. Div. LEXIS 1282 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 25, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, a service technician, was on medical leave due to an injury. Thereafter, he failed to return to work when scheduled or provide his employer with objective medical documentation indicating that he was unable to return to work on the date scheduled. As a result, his employer considered him to have voluntarily resigned. The Board found that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Given the undisputed evidence in the record establishing that claimant failed to return to work when scheduled or provide his employer with adequate medical documentation substantiating his continued disability, we find that the Board’s decision is supported by substantial evidence.

Cardona, P. J., Mercure, White, Yesawich Jr. 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 October 25, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, a service technician, was on medical leave due to an injury. Thereafter, he failed to return to work when scheduled or provide his employer with objective medical documentation indicating that he was unable to return to work on the date scheduled. As a result, his employer considered him to have voluntarily resigned. The Board found that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Given the undisputed evidence in the record establishing that claimant failed to return to work when scheduled or provide his employer with adequate medical documentation substantiating his continued disability, we find that the Board’s decision is supported by substantial evidence.

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

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Bluebook (online)

224 A.D.2d 855, 638 N.Y.S.2d 205, 1996 N.Y. App. Div. LEXIS 1282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-petrillo-nyappdiv-1996.

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