In re the Claim of Smolowitz

Appellate Division of the Supreme Court of New York

In re the Claim of Smolowitz

201 A.D.2d 777, 608 N.Y.S.2d 893, 1994 N.Y. App. Div. LEXIS 833

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

DecidedFebruary 3, 1994

StatusPublished

This text of 201 A.D.2d 777 (In re the Claim of Smolowitz) 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 Smolowitz, 201 A.D.2d 777, 608 N.Y.S.2d 893, 1994 N.Y. App. Div. LEXIS 833 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 30, 1992, which, upon reconsideration, adhered to its prior decision reducing claimant’s unemployment insurance benefit rate.

The Board reopened claimant’s case for the sole purpose of determining whether there had been compliance with the consent judgment in Municipal Labor Comm. v Sitkin (1983 WL 44294 [US Dist Ct, SD NY, Aug. 1, 1983, Carter, J., 79 Civ 5899]). The Board, finding no substantial procedural violations, adhered to its prior decision which reduced claimant’s weekly unemployment insurance benefit rate from $125 to zero. Insofar as claimant has failed to allege any procedural errors on this appeal, the Board’s decision should be upheld.

Cardona, P. J., Mercure, Crew III, White and Weiss, 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 December 30, 1992, which, upon reconsideration, adhered to its prior decision reducing claimant’s unemployment insurance benefit rate.

The Board reopened claimant’s case for the sole purpose of determining whether there had been compliance with the consent judgment in Municipal Labor Comm. v Sitkin (1983 WL 44294 [US Dist Ct, SD NY, Aug. 1, 1983, Carter, J., 79 Civ 5899]). The Board, finding no substantial procedural violations, adhered to its prior decision which reduced claimant’s weekly unemployment insurance benefit rate from $125 to zero. Insofar as claimant has failed to allege any procedural errors on this appeal, the Board’s decision should be upheld.

Cardona, P. J., Mercure, Crew III, White and Weiss, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

201 A.D.2d 777, 608 N.Y.S.2d 893, 1994 N.Y. App. Div. LEXIS 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-smolowitz-nyappdiv-1994.