In re the Claim of Rodriguez

Appellate Division of the Supreme Court of New York

In re the Claim of Rodriguez

50 A.D.2d 1031, 377 N.Y.S.2d 279, 1975 N.Y. App. Div. LEXIS 12031

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

DecidedDecember 23, 1975

StatusPublished

This text of 50 A.D.2d 1031 (In re the Claim of Rodriguez) 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 Rodriguez, 50 A.D.2d 1031, 377 N.Y.S.2d 279, 1975 N.Y. App. Div. LEXIS 12031 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 29, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective May 13, 1975 because he was not totally unemployed. In applying for benefits, claimant signed a summary of interview in which he stated that he lived in a rent-free apartment in a building of which his brother was superintendent because he helped his brother with various caretaking activities. At the hearing claimant contended that he did not work in the building and that he lived in his brother’s apartment. There was thus created a question of credibility, the resolution of which by the board must be sustained if based on substantial evidence. In view of the details in the signed summary of interview as to the work performed by claimant, there was substantial evidence to warrant the board in refusing to accept claimant’s later contentions put forth at the hearing. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 29, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective May 13, 1975 because he was not totally unemployed. In applying for benefits, claimant signed a summary of interview in which he stated that he lived in a rent-free apartment in a building of which his brother was superintendent because he helped his brother with various caretaking activities. At the hearing claimant contended that he did not work in the building and that he lived in his brother’s apartment. There was thus created a question of credibility, the resolution of which by the board must be sustained if based on substantial evidence. In view of the details in the signed summary of interview as to the work performed by claimant, there was substantial evidence to warrant the board in refusing to accept claimant’s later contentions put forth at the hearing. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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Bluebook (online)

50 A.D.2d 1031, 377 N.Y.S.2d 279, 1975 N.Y. App. Div. LEXIS 12031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rodriguez-nyappdiv-1975.