In re the Claim of Weisberg

Appellate Division of the Supreme Court of New York

In re the Claim of Weisberg

52 A.D.2d 681, 382 N.Y.S.2d 136, 1976 N.Y. App. Div. LEXIS 12353

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

DecidedApril 15, 1976

StatusPublished

Cited by3 cases

This text of 52 A.D.2d 681 (In re the Claim of Weisberg) 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 Weisberg, 52 A.D.2d 681, 382 N.Y.S.2d 136, 1976 N.Y. App. Div. LEXIS 12353 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 27, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective June 9, 1975 because she refused employment without good cause. Claimant concededly refused employment for which she was reasonably fitted by training and experience. What constitutes good cause for a claimant for unemployment insurance benefits to refuse a job for which he or she is qualified by training and experience is a factual question and, if the board’s decision is supported by substantial evidence, it must be affirmed (.Matter of Hoffman [Catherwood] 34 AD2d 871). The claimant’s proffered reasons for refusal merely raise factual issues which the board resolved adversely to the claimant. Since substantial evidence supports the board’s decision, it should be affirmed. Decision affirmed, without costs. Greenblott, J. P., Kane, Main, Larkin and Herlihy, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 27, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective June 9, 1975 because she refused employment without good cause. Claimant concededly refused employment for which she was reasonably fitted by training and experience. What constitutes good cause for a claimant for unemployment insurance benefits to refuse a job for which he or she is qualified by training and experience is a factual question and, if the board’s decision is supported by substantial evidence, it must be affirmed (.Matter of Hoffman [Catherwood] 34 AD2d 871). The claimant’s proffered reasons for refusal merely raise factual issues which the board resolved adversely to the claimant. Since substantial evidence supports the board’s decision, it should be affirmed. Decision affirmed, without costs. Greenblott, J. P., Kane, Main, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

52 A.D.2d 681, 382 N.Y.S.2d 136, 1976 N.Y. App. Div. LEXIS 12353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-weisberg-nyappdiv-1976.

Opinion

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