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Matter of Farrer

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 653 (N.Y. App. Div. 1975)

Opinion

November 13, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 7, 1974, which affirmed a referee's decision modifying the initial determination of misconduct to disqualification for voluntary separation without good cause, and holding that claimant willfully made a false statement to obtain benefits by reason of which a forfeiture of four effective days was imposed as a penalty in reduction of his future benefit rights. Claimant, a waiter, was informed his failure to be at work on Easter Sunday would result in loss of employment. He elected not to appear for personal, noncompelling reasons, and he was terminated. Upon application for benefits, he stated his loss of employment was due to lack of work. The determination of these factual issues is in the sole province of the board and when, as it appears from this record, they are supported by substantial evidence, they must be affirmed (Matter of Schlags [Catherwood], 34 A.D.2d 597; Matter of Haynes [Catherwood], 30 A.D.2d 722). Decision affirmed, without costs. Herlihy, P.J., Greenblott, Kane, Koreman and Main, JJ., concur.


Summaries of

Matter of Farrer

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 653 (N.Y. App. Div. 1975)
Case details for

Matter of Farrer

Case Details

Full title:In the Matter of the Claim of LUCIO FARRER, Appellant. LOUIS L. LEVINE, as…

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

Date published: Nov 13, 1975

Citations

50 A.D.2d 653 (N.Y. App. Div. 1975)