TaiLexi AI U.S. Case Law

In re the Claim of Rubinstein

In the Matter of the Claim, of David Rubinstein, Martin P. Catherwood, as Industrial Commissioner

In re the Claim of Rubinstein, 33 A.D.2d 950 (1970)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
January 22, 1970
Judges
Reynolds
Citations
33 A.D.2d 950306 N.Y.S.2d 8711970 N.Y. App. Div. LEXIS 5688

Opinion of the Court — Reynolds

Text extracted by OCR from a scanned original; check the original for exact wording.

Reynolds, J. P.

Appeal from a decision of the Unemployment Insurance Appeal Board holding claimant disqualified from receiving unemployment insurance benefits effective July 11, 1968 on the ground that he voluntarily left his employment without good cause (Labor Law, § 593, subd. 1), that he was overpaid $165 in benefits ruled to be recoverable and that claimant willfully misrepresented to obtain benefits for which a forfeiture of 12 effective days was imposed. The claimant and his employer presented different versions as to what precipitated claimant’s quitting his employment as a salesman trainee. The resolution of this factual dispute, particularly as the decision depends upon issues of credibility, and the subsequent question of whether the separation was for good cause within the meaning of the Labor Law are both within the sole province of the board if its determinations are supported by substantial evidence (e.g., Matter of Weber [Catherwood], 32 A D 2d 697; Matter of Seldin [Catherwood], 31 A D 2d 575). On the instant record we cannot say that the board could not find that claimant left his employment “ because he did not like the job and for other reasons which were not immediate and compelling” and that “under the circumstances [he] left employment without good cause ”. Similarly the determination that claimant made a willful misrepresentation to obtain benefits is factual, and we find no basis advanced here to disturb the board’s decision as to this issue (e.g., Matter of Vick [Catherwood], 12 A D 2d 120). Decision affirmed, without costs. Reynolds, J. P., Staley, Jr., Greehblott, Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J. P.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 27 cases

View all citing references →
1975: 131976: 71990: 11992: 11993: 519752026peak 1975 · 13

Relies on it most ⓘ

  1. In re the Claim of Shtohryn50 A.D.2d 682 (1975)
  2. In re the Claim of Hogan50 A.D.2d 650 (1975)
  3. In re the Claim of Chassman50 A.D.2d 1000 (1975)
  4. In re the Claim of Fontana53 A.D.2d 742 (1976)
  5. In re the Claim of Aronson194 A.D.2d 1046 (1993)
  6. In re the Claim of Serrano52 A.D.2d 1022 (1976)

Most recent

  1. In re the Claim of Immerso195 A.D.2d 733 (1993)
  2. In re the Claim of Aronson194 A.D.2d 1046 (1993)
  3. In re the Claim of Bishop193 A.D.2d 1040 (1993)
  4. In re the Claim of Kopels193 A.D.2d 988 (1993)
  5. In re the Claim of Elkan-Moore191 A.D.2d 914 (1993)
  6. In re the Claim of Jakab186 A.D.2d 304 (1992)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list