In re the Claim of Torres

Appellate Division of the Supreme Court of New York

In re the Claim of Torres

51 A.D.2d 618, 377 N.Y.S.2d 817, 1976 N.Y. App. Div. LEXIS 10951

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

DecidedJanuary 15, 1976

StatusPublished

This text of 51 A.D.2d 618 (In re the Claim of Torres) 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 Torres, 51 A.D.2d 618, 377 N.Y.S.2d 817, 1976 N.Y. App. Div. LEXIS 10951 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 15, 1975, which reversed the decision of a referee and sustained an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective November 6, 1974 because he lost his employment through misconduct in connection therewith. The employer submitted evidence that the claimant was often late for work and would leave early and that he had been warned on numerous occasions as to his conduct. While the claimant offered excuses to justify his conduct, the board was not bound to accept such testimony and concluded that on the credible evidence the action of the employer was justified. Such factual findings are within the exclusive jurisdiction of the board. 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 July 15, 1975, which reversed the decision of a referee and sustained an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective November 6, 1974 because he lost his employment through misconduct in connection therewith. The employer submitted evidence that the claimant was often late for work and would leave early and that he had been warned on numerous occasions as to his conduct. While the claimant offered excuses to justify his conduct, the board was not bound to accept such testimony and concluded that on the credible evidence the action of the employer was justified. Such factual findings are within the exclusive jurisdiction of the board. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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Bluebook (online)

51 A.D.2d 618, 377 N.Y.S.2d 817, 1976 N.Y. App. Div. LEXIS 10951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-torres-nyappdiv-1976.