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Matter of Koenig

Appellate Division of the Supreme Court of New York, Third Department
Jan 15, 1976
51 A.D.2d 615 (N.Y. App. Div. 1976)

Opinion

January 15, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 19, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner, disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause, and on the further ground that she was not available for employment. The evidence in this record supports the determination that claimant's refusal to return to her place of employment at the termination of her maternity leave was without just cause. Such a determination is a factual one, and if supported by substantial evidence must be sustained (Matter of Wilensky [Catherwood], 33 A.D.2d 830; Labor Law, § 623). Furthermore, her limited efforts to obtain employment rendered her unavailable for employment (Matter of Bennett [Catherwood], 33 A.D.2d 946). Decision affirmed, without costs. Greenblott, J.P., Kane, Koreman, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Koenig

Appellate Division of the Supreme Court of New York, Third Department
Jan 15, 1976
51 A.D.2d 615 (N.Y. App. Div. 1976)
Case details for

Matter of Koenig

Case Details

Full title:In the Matter of the Claim of ELYCE R. KOENIG, Appellant. LOUIS L. LEVINE…

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

Date published: Jan 15, 1976

Citations

51 A.D.2d 615 (N.Y. App. Div. 1976)