In re the Claim of Woods

Appellate Division of the Supreme Court of New York

In re the Claim of Woods

52 A.D.2d 696, 382 N.Y.S.2d 387, 1976 N.Y. App. Div. LEXIS 12370

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

DecidedApril 22, 1976

StatusPublished

Cited by3 cases

This text of 52 A.D.2d 696 (In re the Claim of Woods) 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 Woods, 52 A.D.2d 696, 382 N.Y.S.2d 387, 1976 N.Y. App. Div. LEXIS 12370 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 3, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective May 8, 1975 on the ground he lost employment through misconduct in connection therewith. The board could properly find on the instant record that claimant, an inspector of buildings for fire insurance ratings, had submitted grossly inadequate and erroneous reports of properties inspected by him causing underrating of the particular risks involved and that,, particularly since he had been warned on at least two prior occasions about his reports, such course of conduct constituted misconduct (see Matter of Galati [Levine], 51 AD2d 604). We find no basis to disturb the board’s factual findings and its resolution of issues of credibility (e.g. Matter of Lester [Catherwood], 30 AD2d 1025). Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 3, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective May 8, 1975 on the ground he lost employment through misconduct in connection therewith. The board could properly find on the instant record that claimant, an inspector of buildings for fire insurance ratings, had submitted grossly inadequate and erroneous reports of properties inspected by him causing underrating of the particular risks involved and that,, particularly since he had been warned on at least two prior occasions about his reports, such course of conduct constituted misconduct (see Matter of Galati [Levine], 51 AD2d 604). We find no basis to disturb the board’s factual findings and its resolution of issues of credibility (e.g. Matter of Lester [Catherwood], 30 AD2d 1025). Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

52 A.D.2d 696, 382 N.Y.S.2d 387, 1976 N.Y. App. Div. LEXIS 12370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-woods-nyappdiv-1976.

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