Legal Opinion

In re Gaines

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

Decided February 15, 2007PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 12, 2005, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, who suffers from a hearing impairment, worked for the employer as a train operator for 21 years. In July 2004, he was temporarily suspended from his job, but was scheduled to return to work in October 2004. Prior to his scheduled return, the employer implemented a policy prohibiting employees from working as train operators when,…

2Cases cited4 opinions

  1. In re the Claim of BingelAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re the Claim of EnneddamAppellate Division of the Supreme Court of the State of New York · 2005
  3. In re the Claim of CulpAppellate Division of the Supreme Court of the State of New York · 2003
  4. In re the Claim of SuggsAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. In re TanvirAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re the Claim of RothAppellate Division of the Supreme Court of the State of New York · 2013
  3. In re the Claim of RothAppellate Division of the Supreme Court of the State of New York · 2013
  4. In re the Claim of WaheedAppellate Division of the Supreme Court of the State of New York · 2008
  5. Matter of Bonilla (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2021

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