Opinion
December 7, 1961
Present — Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board. From May 31 to August 5, 1960 claimant was employed by the City of New York as an assistant accountant. He was discharged August 5 by the city because of a lack of qualifications for the job; and thereafter he filed two claims for unemployment insurance benefits. Under the reporting requirements promulgated by the Industrial Commissioner claimants are asked the question: "Why did you leave or lose your last job?" Claimant did not answer this question in filing either claim and his claim for benefits was disallowed by the Commissioner. Upon a hearing before the Referee claimant stated that the reason why he refused to answer the question was that the last time he had answered such a question he was penalized. The Referee confirmed the Commissioner's determination that claimant was not entitled to benefits; and the Appeal Board has affirmed the Referee. Under the statute the Commissioner has the power to promulgate necessary rules and regulations properly to administer the allowance of payments (Labor Law, § 530, subd. 1), and he has the power to determine the validity of a claim and the amount of benefits payable (§ 597, subd. 1). Since some reasons for leaving or losing a job may be determinative of the right of a claimant to benefits, a requirement that the reasons or circumstances of leaving the last employment be stated by claimant is reasonable and proper. ( Matter of Munterfering [ Andrews], 256 App. Div. 151; Matter of Omolino [ Catherwood], 11 A.D.2d 553; Matter of Austen [ Corsi], 285 App. Div. 577; Matter of Sorrentino [ Corsi], 277 App. Div. 1073). Determination of the Unemployment Insurance Appeal Board unanimously affirmed, without costs.