Legal Opinion

In re the Claim of Killian

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

Decided July 25, 1996Published

1Dissent

Mercure, J. (dissenting).

We respectfully dissent. We will at the outset note our agreement with the majority’s implicit conclusion that the Unemployment Insurance Appeal Board’s determination to award benefits in this case may have the effect of depriving future college students of the opportunity to participate in worthwhile industry cooperative programs. As such, we agree that the Board’s decision reflects poor policy. However, unlike the majority, we accept the limited scope of our judicial review function and the general authority of an administrative agency to fix short-sighted policy…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. In re the Claim of FisherNew York Court of Appeals · 1975
  2. In re the Claim of HortonAppellate Division of the Supreme Court of the State of New York · 1991
  3. In re the Claim of FranconeriAppellate Division of the Supreme Court of the State of New York · 1993
  4. In re the Claim of Le PorteAppellate Division of the Supreme Court of the State of New York · 1988
  5. In re the Claim of KalichmanAppellate Division of the Supreme Court of the State of New York · 1981

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