Legal Opinion

In re the Claim of Dresher

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

Decided November 16, 1955PublishedCited by 16 opinions

1Opinion of the CourtBergan, J.

In a series of decisions this court has consistently sustained claim to unemployment insurance benefits even though previously accrued rights to vacation payments under labor contracts might coexist at the same time. Those cases, however, all followed upon findings of the Unemployment Insurance Appeal Board in favor of the claimants; here the findings are the other way.

Our problem is at once different and more delicate when such findings adverse to the claimants are before us; since we do not review the facts, and must affirm if there is a support of substantial evidence to underpin what the…

2Cases cited3 opinions

  1. In re the Claim of MarshallAppellate Division of the Supreme Court of the State of New York · 1953
  2. In re the Claims of SpinellaAppellate Division of the Supreme Court of the State of New York · 1953
  3. In re the Claims of YeagerAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by16 opinions

  1. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  2. Lefrak Forest Hills Corp. v. GalvinAppellate Division of the Supreme Court of the State of New York · 1972
  3. Scheffki v. Board of Fire & Police CommissionersAppellate Court of Illinois · 1974
  4. State v. New York Movers Tariff Bureau, Inc.New York Supreme Court · 1965
  5. Claim of Owen v. Oneida LimitedAppellate Division of the Supreme Court of the State of New York · 1962

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