Legal Opinion
In re the Claim of Martin
New York Court of Appeals
Decided July 7, 1987PublishedCited by 21 opinions
1Opinion of the Court
*681OPINION OF THE COURT
Memorandum.
The Appellate Division order should be reversed, with costs, and the case remitted to that court with direction to remand to the Unemployment Insurance Appeal Board for further proceedings in accordance with Matter of Field Delivery Serv. (Roberts) (66 NY2d 516) and this memorandum.
In Field Delivery this court held that: "absent an explanation by the agency, an administrative agency decision which, on essentially the same facts as underlaid a prior agency determination, reaches a conclusion contrary to the prior determination is arbitrary and capricious” (id.,…
2Cases cited2 opinions
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- In Re the Claims of Di MartinoNew York Court of Appeals · 1983
3Cited by21 opinions
- Matter of Lafayette Storage & Moving Corp.New York Court of Appeals · 1991
- Collins v. Governor's Office of Employee RelationsAppellate Division of the Supreme Court of the State of New York · 1995
- Civil Service Employees Ass'n, Local 1000 v. AngelloAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Claim of Le PorteAppellate Division of the Supreme Court of the State of New York · 1988
- Claim of Caldas v. 86 Alda Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
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