In re the Claim of Sims

Appellate Division of the Supreme Court of New York

In re the Claim of Sims

49 A.D.2d 987, 374 N.Y.S.2d 385, 1975 N.Y. App. Div. LEXIS 11311

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

DecidedOctober 30, 1975

StatusPublished

This text of 49 A.D.2d 987 (In re the Claim of Sims) 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 Sims, 49 A.D.2d 987, 374 N.Y.S.2d 385, 1975 N.Y. App. Div. LEXIS 11311 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 25, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she lost her employment through her own misconduct. There is substantial evidence in the record to support the board’s finding of misconduct based upon the proof that the claimant committed an unprovoked assault by striking her coemployee with her fist. Such a determination is a factual one, within the province of the board, and must be sustained where, as here, it is supported by substantial evidence (Matter of Lester [Cather-wood], 30 AD2d 1025). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Main and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 25, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she lost her employment through her own misconduct. There is substantial evidence in the record to support the board’s finding of misconduct based upon the proof that the claimant committed an unprovoked assault by striking her coemployee with her fist. Such a determination is a factual one, within the province of the board, and must be sustained where, as here, it is supported by substantial evidence (Matter of Lester [Cather-wood], 30 AD2d 1025). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Main and Reynolds, JJ., concur.

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Bluebook (online)

49 A.D.2d 987, 374 N.Y.S.2d 385, 1975 N.Y. App. Div. LEXIS 11311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-sims-nyappdiv-1975.

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