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Matter of Polizzi

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 840 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Unemployment Insurance Appeal Board.


On its own motion, the Board reconsidered claimant's case for the limited purpose of determining if there had been compliance with the procedural requirements set forth in the consent judgment in Municipal Labor Comm. v. Sitkin (79 Civ 5899, 1983 WL 44294). The Board concluded that no procedural violations had occurred and, accordingly, it adhered to its prior decision disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. Based upon our review of the record, we reject claimant's assertion that she was denied the procedural rights, including the opportunity to cross-examine witnesses, delineated in the consent judgment in Municipal Labor Comm. v. Sitkin ( supra). Rather, we find that the Board properly concluded that there were no procedural violations and, accordingly, its decision must be upheld.

Mercure, J.P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Polizzi

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 840 (N.Y. App. Div. 1996)
Case details for

Matter of Polizzi

Case Details

Full title:In the Matter of the Claim of ROSALIE POLIZZI, Appellant. JOHN E. SWEENEY…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 840 (N.Y. App. Div. 1996)
638 N.Y.S.2d 363