Opinion
October 6, 1955.
Appeal from Unemployment Insurance Appeal Board.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
Claimant, an auditor, was hired by Hospital Service Plan on February 15, 1954, and worked at his employer's office until May 6, 1954. After he ceased his work, he filed an application for unemployment insurance benefits. Upon an investigation of the facts, the unemployment insurance office made two determinations; (1) that claimant voluntarily left his employment without good cause and, pursuant to paragraph (c) of subdivision 1 of section 593 of the Unemployment Insurance Law (Labor Law, art. 18), disqualified him for benefits for forty-two consecutive calendar days after his registration for benefits, and (2) that claimant made a false statement in order to obtain benefits and because of such false statement reduced his benefits by twenty effective days pursuant to section 594 of the Unemployment Insurance Law. Claimant disputed these determinations and requested and was given a hearing before a referee. At the hearing, the claimant testified, in effect, that he had been discharged by the manager and that the information he gave, when filing his application, that he had been discharged because of a reduction in personnel was correct. The manager of the employer testified that he had never discharged claimant, that claimant's work was satisfactory, and that as a matter of company procedure he never discharged any employee. There also was evidence that claimant had decided sometime prior to May 6, 1954, to obtain other employment. Upon the evidence the referee concluded that claimant had voluntarily left his employment and had not been discharged. The Appeal Board affirmed the referee's conclusions and this appeal followed. The record contains evidence to support the determinations and they are binding on us. "Neither the duty nor the power to weigh the evidence rests with the courts, for that function, by virtue of the statute, has been imposed upon the administrative authority acting in a quasi-judicial capacity." ( Matter of Morton, 284 N.Y. 167, 170.) Decision unanimously affirmed, without costs. Claimant, appearing pro se, has filed a brief and reply brief which are scandalous. They are expunged from the records on file with this court.