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Matter of David

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1976
55 A.D.2d 770 (N.Y. App. Div. 1976)

Opinion

December 20, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 7, 1976, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant for benefits effective May 27, 1975 because he voluntarily left his employment without good cause. Claimant requested and was granted a three-month leave of absence for medical reasons. However, following the expiration of the leave claimant did not return to work nor contact his employer to explain his continued absence. Moreover, he did not respond when the employer attempted to contact him and his employment was then terminated in accordance with civil service regulations. The issue of good cause is factual and since the board's determination in the instant case is supported by substantial evidence it must be affirmed (e.g., Matter of Famulare [Catherwood], 34 A.D.2d 705). The board could properly conclude that claimant's failure to report for work when scheduled or to contact his employer constituted a voluntary leaving of employment without good cause (Matter of Ruggirello [Catherwood], 25 A.D.2d 597; Matter of Oscodar [Catherwood], 25 A.D.2d 913). Decision affirmed, without costs. Koreman, P.J., Greenblott, Sweeney, Herlihy and Reynolds, JJ., concur.


Summaries of

Matter of David

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1976
55 A.D.2d 770 (N.Y. App. Div. 1976)
Case details for

Matter of David

Case Details

Full title:In the Matter of the Claim of IVAN DAVID, Appellant. PHILIP ROSS, as…

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

Date published: Dec 20, 1976

Citations

55 A.D.2d 770 (N.Y. App. Div. 1976)

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