In re the Claim of Smertenko

Appellate Division of the Supreme Court of New York

In re the Claim of Smertenko

50 A.D.2d 694, 375 N.Y.S.2d 465, 1975 N.Y. App. Div. LEXIS 12544

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

DecidedNovember 26, 1975

StatusPublished

Cited by3 cases

This text of 50 A.D.2d 694 (In re the Claim of Smertenko) 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 Smertenko, 50 A.D.2d 694, 375 N.Y.S.2d 465, 1975 N.Y. App. Div. LEXIS 12544 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 17, 1974, which adopted and affirmed a referee’s decision sustaining initial determinations of the Industrial Commissioner which disqualified the claimant from receiving benefits because she refused employment without good cause and imposed a forfeiture of 12 effective days upon the ground that the claimant willfully made false statements to obtain benefits. The claimant refused referrals by the representatives of the respondent to two prospective employments upon the ground that the referrals required stenographic skills at the rate of 100 words per minute which she alleged was beyond her competency. In regard to her actual stenographic ability, the claimant made certain statements to the respondent’s representatives which were not accurate representations of the stenographic skills utilized by her in her last employment. Issues of credibility are for the board and the record contains substantial evidence to support its findings. Decision affirmed, without costs. Herlihy, P. J., Greenhlott, Koreman, Main and Reynolds, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 17, 1974, which adopted and affirmed a referee’s decision sustaining initial determinations of the Industrial Commissioner which disqualified the claimant from receiving benefits because she refused employment without good cause and imposed a forfeiture of 12 effective days upon the ground that the claimant willfully made false statements to obtain benefits. The claimant refused referrals by the representatives of the respondent to two prospective employments upon the ground that the referrals required stenographic skills at the rate of 100 words per minute which she alleged was beyond her competency. In regard to her actual stenographic ability, the claimant made certain statements to the respondent’s representatives which were not accurate representations of the stenographic skills utilized by her in her last employment. Issues of credibility are for the board and the record contains substantial evidence to support its findings. Decision affirmed, without costs. Herlihy, P. J., Greenhlott, Koreman, Main and Reynolds, JJ., concur.

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Bluebook (online)

50 A.D.2d 694, 375 N.Y.S.2d 465, 1975 N.Y. App. Div. LEXIS 12544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-smertenko-nyappdiv-1975.

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