Legal Opinion
In re the Claim of Heppehamer
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 2009PublishedCited by 4 opinions
1Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 9, 2008, which, upon reconsideration, ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct.
Whether a claimant has lost employment through disqualifying misconduct is a factual determination to be made by the Unemployment Insurance Appeal Board and its decision will not be disturbed if supported by substantial evidence (see Matter of Rey-Calderon [Commissioner of Labor], 60 AD3d 1124, 1124 [2009]; Matter of Piervencenti [Crest/Good Mfg.…
2Cases cited4 opinions
- In re the Claim of AugusteAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Claim of PiervencentiAppellate Division of the Supreme Court of the State of New York · 2007
- In re Claim of MusacAppellate Division of the Supreme Court of the State of New York · 2008
- In re the Claim of Rey-CalderonAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- In re the Claim of IronsAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Claim of KhanAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Claim of ShaferAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Claim of ShaferAppellate Division of the Supreme Court of the State of New York · 2013