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Matter of Starks

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1967
28 A.D.2d 747 (N.Y. App. Div. 1967)

Opinion

June 19, 1967


Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board disqualifying him from receiving benefits on the ground he voluntarily left employment without good cause (Labor Law, § 593, subd. 1). The question of "good cause" is factual and thus within the province of the board if its findings are supported by substantial evidence (e.g., Matter of Sperling [ Catherwood], 20 A.D.2d 584). On the instant record we cannot say as a matter of law that the board could not find that claimant's suspension for one week because of his employment conduct and attitude was justified and "not the result of arbitrary action on the employer's part" and that therefore his termination of his employment rather than undergo the suspension constituted a voluntary leaving of employment without good cause (see, Matter of Jacobson [ Catherwood], 20 A.D.2d 733). Decision affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.


Summaries of

Matter of Starks

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1967
28 A.D.2d 747 (N.Y. App. Div. 1967)
Case details for

Matter of Starks

Case Details

Full title:In the Matter of the Claim of WILLIE STARKS, Appellant. MARTIN P…

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

Date published: Jun 19, 1967

Citations

28 A.D.2d 747 (N.Y. App. Div. 1967)