In re the Claim of Saenz

Appellate Division of the Supreme Court of New York

In re the Claim of Saenz

198 A.D.2d 661, 604 N.Y.S.2d 834, 1993 N.Y. App. Div. LEXIS 10555

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

DecidedNovember 10, 1993

StatusPublished

This text of 198 A.D.2d 661 (In re the Claim of Saenz) 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 Saenz, 198 A.D.2d 661, 604 N.Y.S.2d 834, 1993 N.Y. App. Div. LEXIS 10555 (N.Y. Ct. App. 1993).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 18, 1992, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant’s case was reopened by the Board for the sole purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment in Municipal Labor Commn. v Sitkin (1983 WL 44294 [SD NY, Aug. 1, 1983, Carter, J., 79 Civ 5899]). Claimant fails to allege any procedural errors on appeal and we conclude that the Board’s determination was supported by substantial evidence in the record.

Weiss, P. J., Yesawich Jr., Crew III, White and Casey, 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 December 18, 1992, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant’s case was reopened by the Board for the sole purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment in Municipal Labor Commn. v Sitkin (1983 WL 44294 [SD NY, Aug. 1, 1983, Carter, J., 79 Civ 5899]). Claimant fails to allege any procedural errors on appeal and we conclude that the Board’s determination was supported by substantial evidence in the record.

Weiss, P. J., Yesawich Jr., Crew III, White and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

198 A.D.2d 661, 604 N.Y.S.2d 834, 1993 N.Y. App. Div. LEXIS 10555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-saenz-nyappdiv-1993.