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Matter of Claim of James

Appellate Division of the Supreme Court of New York, Third Department
Jun 8, 2000
273 A.D.2d 523 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: June 8, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 13, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Maria James, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Marjorie S. Leff of counsel), New York City, for respondent.

Before: Cardona, P.J., Crew III, Peters, Carpinello and Graffeo, JJ.


MEMORANDUM AND ORDER

On its own motion, the Unemployment Insurance Appeal Board reopened claimant's case for the purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment in Municipal Labor Comm. v. Sitkin, (79 Civ. 5899, 1983 WL 44294). Finding no substantial procedural violation, the Board adhered to its prior decision finding that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment through misconduct and declined to review the merits of the case. Inasmuch as claimant fails to allege any procedural violations on appeal, the Board's decision must be upheld (see, Matter of Mizzi [Commissioner of Labor], 259 A.D.2d 825).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Claim of James

Appellate Division of the Supreme Court of New York, Third Department
Jun 8, 2000
273 A.D.2d 523 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of James

Case Details

Full title:IN THE MATTER OF THE CLAIM OF MARIA JAMES, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 8, 2000

Citations

273 A.D.2d 523 (N.Y. App. Div. 2000)
709 N.Y.S.2d 455