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Matter of Seino

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1995
213 A.D.2d 954 (N.Y. App. Div. 1995)

Opinion

March 30, 1995

Appeal from the Unemployment Insurance Appeal Board.


The sole reason the Board reopened its prior decision was to determine if there had been compliance with the procedural safeguards delineated in the consent judgment of Municipal Labor Comm. v. Sitkin (79 Civ 5899, 1983 WL 44294 [S.D.N.Y.]). Having found no substantial procedural violations, the Board adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits due to misconduct. On this appeal, claimant attempts to reargue the merits of her case in addition to arguing that she did not receive a fair hearing. Her procedural arguments are unavailing and we note that the underlying merits of her claim were never at issue in the Board's reconsideration. The Board's decision should therefore be upheld.

Mercure, J.P., White, Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Seino

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1995
213 A.D.2d 954 (N.Y. App. Div. 1995)
Case details for

Matter of Seino

Case Details

Full title:In the Matter of the Claim of JOHNNIE SEINO, Appellant. JOHN E. SWEENEY…

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

Date published: Mar 30, 1995

Citations

213 A.D.2d 954 (N.Y. App. Div. 1995)
624 N.Y.S.2d 979