In re the Claim of Ulrich

Appellate Division of the Supreme Court of New York

In re the Claim of Ulrich

26 A.D.2d 979, 274 N.Y.S.2d 999, 1966 N.Y. App. Div. LEXIS 3067

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

DecidedNovember 21, 1966

StatusPublished

This text of 26 A.D.2d 979 (In re the Claim of Ulrich) 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 Ulrich, 26 A.D.2d 979, 274 N.Y.S.2d 999, 1966 N.Y. App. Div. LEXIS 3067 (N.Y. Ct. App. 1966).

Pincite

Opinion

Staley, Jr., J.

Appeal from a decision of the Unemployment Insurance Appeal Board holding claimant ineligible for unemployment benefits, for the period “February 1, through February 13, 1966 ” finding that he failed to comply with registration requirements. Claimant admits that he did not register his claim for unemployment insurance until February 17, 1966, at which time his claim was predated to February 14, 1966. Claimant’s excuse for his failure to register is that he was waiting to receive a lump-sum cheek on his disability claim, and also because he did not feel capable of working. No circumstances have been shown that would constitute good cause for excusing claimant’s failure to file for benefits. (Labor Law, § 590, subds. 1, 8; § 596; 12 NYCRR 473.1.) The reason for claimant’s failure to file constituted a factual issue, and there is substantial evidence to substantiate the determination of the board. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds and Aulisi, JJ., concur.

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Staley, Jr., J.

Appeal from a decision of the Unemployment Insurance Appeal Board holding claimant ineligible for unemployment benefits, for the period “February 1, through February 13, 1966 ” finding that he failed to comply with registration requirements. Claimant admits that he did not register his claim for unemployment insurance until February 17, 1966, at which time his claim was predated to February 14, 1966. Claimant’s excuse for his failure to register is that he was waiting to receive a lump-sum cheek on his disability claim, and also because he did not feel capable of working. No circumstances have been shown that would constitute good cause for excusing claimant’s failure to file for benefits. (Labor Law, § 590, subds. 1, 8; § 596; 12 NYCRR 473.1.) The reason for claimant’s failure to file constituted a factual issue, and there is substantial evidence to substantiate the determination of the board. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds and Aulisi, JJ., concur.

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Bluebook (online)

26 A.D.2d 979, 274 N.Y.S.2d 999, 1966 N.Y. App. Div. LEXIS 3067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-ulrich-nyappdiv-1966.