Matter of Brown (Commr. of Labor)
Appellate Division of the Supreme Court of the State of New York
1Concurring in part, dissenting in partClark, J.
We agree with the majority that the July 15, 2014 determination of the Unemployment Insurance Appeal Board was not rendered moot by its July 30, 2014 determination; however, our positions diverge on the issue of whether substantial evidence supported the Board’s determination that claimant voluntarily left his employment with good cause. Whether a claimant has good cause to voluntarily leave his or her employment is a factual determination for the Board to resolve (see Matter of Alemic [Herald Publ. Co. — Commissioner of Labor], 140 AD3d 1565, 1566 [2016]), and the assessment of witness…
2Cases cited5 opinions
- Di Maria v. RossNew York Court of Appeals · 1980
- Matter of Alemic (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Roberson (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2016
- In re the Claim of ChevresAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Claim of MooreAppellate Division of the Supreme Court of the State of New York · 2006