In re the Claim of Silver

Appellate Division of the Supreme Court of New York

In re the Claim of Silver

50 A.D.2d 639, 374 N.Y.S.2d 768, 1975 N.Y. App. Div. LEXIS 12455

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

DecidedNovember 6, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 639 (In re the Claim of Silver) 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 Silver, 50 A.D.2d 639, 374 N.Y.S.2d 768, 1975 N.Y. App. Div. LEXIS 12455 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 26, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying the claimant from receiving benefits effective November 13, 1974, because she voluntarily left her employment without good cause. The record as a whole discloses that over a period of three and one-half years claimant was dissatisfied with and complained of several of the conditions under which she was working. Basically, these conditions concerned matters affected by budget considerations and within the province of management. There is substantial evidence to support the board’s finding that claimant left her employment for reasons that were personal and noncompelling. Accordingly, the determination may not be disturbed (Matter of Famulare [Catherwood], 34 AD2d 705). Claimant’s contentions that she was denied due process and deprived of her civil rights are not sustained by the record. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 26, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying the claimant from receiving benefits effective November 13, 1974, because she voluntarily left her employment without good cause. The record as a whole discloses that over a period of three and one-half years claimant was dissatisfied with and complained of several of the conditions under which she was working. Basically, these conditions concerned matters affected by budget considerations and within the province of management. There is substantial evidence to support the board’s finding that claimant left her employment for reasons that were personal and noncompelling. Accordingly, the determination may not be disturbed (Matter of Famulare [Catherwood], 34 AD2d 705). Claimant’s contentions that she was denied due process and deprived of her civil rights are not sustained by the record. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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Bluebook (online)

50 A.D.2d 639, 374 N.Y.S.2d 768, 1975 N.Y. App. Div. LEXIS 12455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-silver-nyappdiv-1975.

Opinion

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