From Casetext: Smarter Legal Research

Matter of Ward

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1998
256 A.D.2d 773 (N.Y. App. Div. 1998)

Opinion

December 10, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant, an oil burner mechanic, was confronted by the employer regarding two complaints by customers concerning his attitude and conduct when making service calls. Claimant, ignoring the employer's directive that claimant should go to lunch and that the discussion would be continued later, was discharged after repeatedly asking the employer if he was fired. Claimant was denied unemployment insurance benefits on the ground that he lost his employment due to misconduct. Toward the end of the evidentiary hearing, claimant asked the Administrative Law Judge (hereinafter ALJ) if he was allowed to subpoena witnesses. The ALJ replied that it was too late to do so and proceeded with the hearing. In the absence of a finding by the ALJ that the subpoenas were unnecessary because the requested witnesses would have no relevant or material testimony to offer, we agree with claimant that due process mandates that the decision be reversed and the matter remitted to the Unemployment Insurance Appeal Board for further proceedings ( see, Matter of Box [Commissioner of Labor], 249 A.D.2d 608).

Cardona, P.J., Crew III, White, Peters and Spain, JJ., concur.

Ordered that the decision is reversed, without costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent with this Court's decision.


Summaries of

Matter of Ward

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1998
256 A.D.2d 773 (N.Y. App. Div. 1998)
Case details for

Matter of Ward

Case Details

Full title:In the MATTER OF the Claim of JAMES M. WARD, Appellant. COMMISSIONER OF…

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

Date published: Dec 10, 1998

Citations

256 A.D.2d 773 (N.Y. App. Div. 1998)
681 N.Y.S.2d 636

Citing Cases

In re Moseley

Pursuant to 12 NYCRR 461.4 (c), claimant had the right to request that the ALJ issue a subpoena to compel the…

Matter of Cordova

We find no reason to disturb the Board's finding that the manager's testimony was unnecessary given…