Legal Opinion

In re the Claim of Law

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 2005PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 10, 2004, which ruled that claimant was eligible to receive unemployment insurance benefits.

Claimant worked as a senior software engineer for a company with only three employees. The employer terminated him for *848insubordination after he refused to be on call during a vacation that he had scheduled for the end of August 2003. Although he was initially granted unemployment insurance benefits, an Administrative Law Judge overruled that determination after a hearing, finding that claimant had been terminated for…

2Cases cited4 opinions

  1. In re the Claim of PittsAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re the Claim of NunziataAppellate Division of the Supreme Court of the State of New York · 2002
  3. In re the Claim of VaksmanAppellate Division of the Supreme Court of the State of New York · 2003
  4. In re the Claim of Van SluytmanAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by3 opinions

  1. In re the Claim of McKoyAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re LumbrazoAppellate Division of the Supreme Court of the State of New York · 2010
  3. In re the Claim of PiervencentiAppellate Division of the Supreme Court of the State of New York · 2007

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