In re the Claim of Wiederman

Appellate Division of the Supreme Court of New York

In re the Claim of Wiederman

26 A.D.2d 875, 273 N.Y.S.2d 961, 1966 N.Y. App. Div. LEXIS 3300

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

DecidedOctober 21, 1966

StatusPublished

This text of 26 A.D.2d 875 (In re the Claim of Wiederman) 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 Wiederman, 26 A.D.2d 875, 273 N.Y.S.2d 961, 1966 N.Y. App. Div. LEXIS 3300 (N.Y. Ct. App. 1966).

Pincite

Opinion

Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board which affirmed the determination that claimant was not entitled to benefits in that he provoked his discharge thereby voluntarily leaving his employment without good cause. The sole issue presénted upon appeal is a factual one. In spite of the supervisor’s warnings of his unsatisfactory work, claimant persisted in disobeying directions as to the time and manner of its performance, his disobedience and insubordination culminating in a dispute as to when certain completed work should go out, in the course of which claimant addressed obscene epithets to the supervisor in response to the latter’s reasonable directions. Upon such a record the finding “ that the employer was obliged to order the termination of claimant’s services ” was warranted, as was the conclusion that the provoked termination became, “ in effect, a voluntary leaving of employment without good cause ”. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur.

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Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board which affirmed the determination that claimant was not entitled to benefits in that he provoked his discharge thereby voluntarily leaving his employment without good cause. The sole issue presénted upon appeal is a factual one. In spite of the supervisor’s warnings of his unsatisfactory work, claimant persisted in disobeying directions as to the time and manner of its performance, his disobedience and insubordination culminating in a dispute as to when certain completed work should go out, in the course of which claimant addressed obscene epithets to the supervisor in response to the latter’s reasonable directions. Upon such a record the finding “ that the employer was obliged to order the termination of claimant’s services ” was warranted, as was the conclusion that the provoked termination became, “ in effect, a voluntary leaving of employment without good cause ”. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur.

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Bluebook (online)

26 A.D.2d 875, 273 N.Y.S.2d 961, 1966 N.Y. App. Div. LEXIS 3300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-wiederman-nyappdiv-1966.