In re the Claim of Schiavo

Appellate Division of the Supreme Court of New York

In re the Claim of Schiavo

51 A.D.2d 840, 380 N.Y.S.2d 98, 1976 N.Y. App. Div. LEXIS 11444

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1976·Published

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 25, 1975, which adopted and affirmed a referee’s decision sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground that she voluntarily left her employment without good cause. The claimant at the hearing held before the referee testified that the employer had terminated the employment by directing her to leave. The employer testified that the claimant had informed him that she was leaving and that he did not terminate the employment. The testimony created issues of fact for the board as to the circumstances surrounding the termination of the employment and as to good cause for the claimant’s action. The determination is supported by substantial evidence and, accordingly, must be affirmed (Labor Law, § 623). Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 25, 1975, which adopted and affirmed a referee’s decision sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground that she voluntarily left her employment without good cause. The claimant at the hearing held before the referee testified that the employer had terminated the employment by directing her to leave. The employer testified that the claimant had informed him that she was leaving and that he did not terminate the employment. The testimony created issues of fact for the board as to the circumstances surrounding the termination of the employment and as to good cause for the claimant’s action. The determination is supported by substantial evidence and, accordingly, must be affirmed (Labor Law, § 623). Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

In re the Claim of Schiavo, 51 A.D.2d 840, 380 N.Y.S.2d 98, 1976 N.Y. App. Div. LEXIS 11444 (N.Y. Ct. App. 1976).

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51 A.D.2d 840 (In re the Claim of Schiavo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.