In re the Claim of Serrano

Appellate Division of the Supreme Court of New York

In re the Claim of Serrano

52 A.D.2d 1022, 383 N.Y.S.2d 700, 1976 N.Y. App. Div. LEXIS 12920

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

DecidedMay 27, 1976

StatusPublished

Cited by5 cases

This text of 52 A.D.2d 1022 (In re the Claim of Serrano) 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 Serrano, 52 A.D.2d 1022, 383 N.Y.S.2d 700, 1976 N.Y. App. Div. LEXIS 12920 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 4, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective February 22, 1975 because he voluntarily left his employment without good cause. The question of whether one’s separation from employment was for good cause within the meaning of the Labor Law is one solely within the province of the board and, if its determination is supported by substantial evidence, it must be affirmed (cf. Matter of Rubinstein [Catherwood], 33 AD2d 950). Claimant contends that the duties he was requested to perform were not within the scope of the work classification assigned to him. Instead of availing himself of the grievance procedures open to him [1023]*1023through his union, however, he simply left his employment. At the hearing, in response to an inquiry concerning his failure to take advantage of the grievance procedures, claimant stated that he did not so proceed because he didn’t like to work for this employer anyway. Hence, there is substantial evidence to support the board’s decision that claimant voluntarily left without good cause. Decision affirmed, without costs. Koreman, P. J., Mahoney, Main, Larkin and Herlihy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 4, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective February 22, 1975 because he voluntarily left his employment without good cause. The question of whether one’s separation from employment was for good cause within the meaning of the Labor Law is one solely within the province of the board and, if its determination is supported by substantial evidence, it must be affirmed (cf. Matter of Rubinstein [Catherwood], 33 AD2d 950). Claimant contends that the duties he was requested to perform were not within the scope of the work classification assigned to him. Instead of availing himself of the grievance procedures open to him [1023]*1023through his union, however, he simply left his employment. At the hearing, in response to an inquiry concerning his failure to take advantage of the grievance procedures, claimant stated that he did not so proceed because he didn’t like to work for this employer anyway. Hence, there is substantial evidence to support the board’s decision that claimant voluntarily left without good cause. Decision affirmed, without costs. Koreman, P. J., Mahoney, Main, Larkin and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

52 A.D.2d 1022, 383 N.Y.S.2d 700, 1976 N.Y. App. Div. LEXIS 12920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-serrano-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack