In re the Claim of Seino

Appellate Division of the Supreme Court of New York

In re the Claim of Seino

213 A.D.2d 954, 624 N.Y.S.2d 979, 1995 N.Y. App. Div. LEXIS 3339

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

DecidedMarch 30, 1995

StatusPublished

This text of 213 A.D.2d 954 (In re the Claim of Seino) 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 Seino, 213 A.D.2d 954, 624 N.Y.S.2d 979, 1995 N.Y. App. Div. LEXIS 3339 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 24, 1993, 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.

The sole reason the Board reopened its prior decision was to determine if there had been compliance with the procedural safeguards delineated in the consent judgment of Municipal Labor Comm. v Sitkin (79 Civ 5899, 1983 WL 44294 [SD NY]). Having found no substantial procedural violations, the Board adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits due to misconduct. On this appeal, claimant attempts to reargue the merits of her case in addition to arguing that she did not receive a fair hearing. Her procedural arguments are unavailing and we note that the underlying merits of her claim were never at issue in the Board’s reconsideration. The Board’s decision should therefore be upheld.

Mercure, J. P., White, 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 24, 1993, 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.

The sole reason the Board reopened its prior decision was to determine if there had been compliance with the procedural safeguards delineated in the consent judgment of Municipal Labor Comm. v Sitkin (79 Civ 5899, 1983 WL 44294 [SD NY]). Having found no substantial procedural violations, the Board adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits due to misconduct. On this appeal, claimant attempts to reargue the merits of her case in addition to arguing that she did not receive a fair hearing. Her procedural arguments are unavailing and we note that the underlying merits of her claim were never at issue in the Board’s reconsideration. The Board’s decision should therefore be upheld.

Mercure, J. P., White, Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

213 A.D.2d 954, 624 N.Y.S.2d 979, 1995 N.Y. App. Div. LEXIS 3339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-seino-nyappdiv-1995.