In re the Claim of Posner

Appellate Division of the Supreme Court of New York

In re the Claim of Posner

222 A.D.2d 925, 635 N.Y.S.2d 342, 1995 N.Y. App. Div. LEXIS 13363

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

DecidedDecember 21, 1995

StatusPublished

Cited by1 cases

This text of 222 A.D.2d 925 (In re the Claim of Posner) 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 Posner, 222 A.D.2d 925, 635 N.Y.S.2d 342, 1995 N.Y. App. Div. LEXIS 13363 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 13, 1994, which, inter alia, ruled that claimánt was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was the president and sole shareholder of a corporation which operated a wholesale and retail fish business. After claimant sold the business, the Board disqualified him from receiving unemployment insurance benefits after finding that he voluntarily left his employment without good cause. Claimant asserts, inter alia, that the Board’s decision is error since he sold his business due to medical reasons. Upon review of the record, we find that the Board’s decision is supported by substantial evidence. Claimant initially advised the local unemployment insurance office that he sold his business for financial reasons. Later, at the hearing, claimant stated that he sold it because he did not feel he could continue to work the long hours required to operate the business due to medical problems. Claimant failed, however, to demonstrate that his medical problems rendered him unable to continue the business even if he worked fewer hours and delegated responsibilities to other employees. In view of this, we find no reason to disturb the Board’s decision. We have considered claimant’s remaining contentions and find them to be without merit.

Mikoll, J. P., Crew III, Casey, Peters and Spain, 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 September 13, 1994, which, inter alia, ruled that claimánt was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was the president and sole shareholder of a corporation which operated a wholesale and retail fish business. After claimant sold the business, the Board disqualified him from receiving unemployment insurance benefits after finding that he voluntarily left his employment without good cause. Claimant asserts, inter alia, that the Board’s decision is error since he sold his business due to medical reasons. Upon review of the record, we find that the Board’s decision is supported by substantial evidence. Claimant initially advised the local unemployment insurance office that he sold his business for financial reasons. Later, at the hearing, claimant stated that he sold it because he did not feel he could continue to work the long hours required to operate the business due to medical problems. Claimant failed, however, to demonstrate that his medical problems rendered him unable to continue the business even if he worked fewer hours and delegated responsibilities to other employees. In view of this, we find no reason to disturb the Board’s decision. We have considered claimant’s remaining contentions and find them to be without merit.

Mikoll, J. P., Crew III, Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

222 A.D.2d 925, 635 N.Y.S.2d 342, 1995 N.Y. App. Div. LEXIS 13363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-posner-nyappdiv-1995.

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