In re the Claim of Weinberger

Appellate Division of the Supreme Court of New York

In re the Claim of Weinberger

22 A.D.2d 995, 254 N.Y.S.2d 878, 1964 N.Y. App. Div. LEXIS 2447

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

DecidedDecember 23, 1964

StatusPublished

This text of 22 A.D.2d 995 (In re the Claim of Weinberger) 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 Weinberger, 22 A.D.2d 995, 254 N.Y.S.2d 878, 1964 N.Y. App. Div. LEXIS 2447 (N.Y. Ct. App. 1964).

Pincite

Opinion

Herlihy, J.

This is an appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, which affirmed a finding that claimant voluntarily left her employment without good cause (Labor Law, § 593, subd. 1) and made a willfully false statement. A factual dispute as to the date and reason for claimant’s separation from employment arose at the initial hearing. An adjournment was granted to give claimant and the employer the opportunity [996]*996of producing records to substantiate their respective viewpoints. At the adjourned hearing the claimant failed to appear but the employer’s representative was present and produced its records. Thereafter, the board found that claimant had deserted her employment as alleged and substantiated by the employer.. What constitutes good cause within subdivision 1 of section 593 of the Labor Law regarding disqualification for unemployment compensation, in eases of voluntary separation is a question of fact (Matter of Sperling [Catherwood], 20 A D 2d 584). The resolution of factual issues is within the province of the board if supported by substantial evidence (Labor Law, § 623; Matter of Jacobson [Catherwood], 20 A D 2d 733). On the present record we are without authority to disturb the board’s determination. Decision affirmed, without costs. Gibson, P. J., Reynolds, Taylor and Hamm, JJ., concur.

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Herlihy, J.

This is an appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, which affirmed a finding that claimant voluntarily left her employment without good cause (Labor Law, § 593, subd. 1) and made a willfully false statement. A factual dispute as to the date and reason for claimant’s separation from employment arose at the initial hearing. An adjournment was granted to give claimant and the employer the opportunity [996]*996of producing records to substantiate their respective viewpoints. At the adjourned hearing the claimant failed to appear but the employer’s representative was present and produced its records. Thereafter, the board found that claimant had deserted her employment as alleged and substantiated by the employer.. What constitutes good cause within subdivision 1 of section 593 of the Labor Law regarding disqualification for unemployment compensation, in eases of voluntary separation is a question of fact (Matter of Sperling [Catherwood], 20 A D 2d 584). The resolution of factual issues is within the province of the board if supported by substantial evidence (Labor Law, § 623; Matter of Jacobson [Catherwood], 20 A D 2d 733). On the present record we are without authority to disturb the board’s determination. Decision affirmed, without costs. Gibson, P. J., Reynolds, Taylor and Hamm, JJ., concur.

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Bluebook (online)

22 A.D.2d 995, 254 N.Y.S.2d 878, 1964 N.Y. App. Div. LEXIS 2447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-weinberger-nyappdiv-1964.