Legal Opinion

In re the Claim of Cohen

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

Decided January 5, 2012PublishedCited by 2 opinions

1Opinion of the Court

We affirm. “A claimant ‘who voluntarily leaves his or her position in the face of disciplinary charges may qualify for unemployment benefits if the actions did not amount to misconduct’ ” (Matter of Jimenez [New York County Dist. Attorney’s Off. — Commissioner of Labor], 20 AD3d 843, 843 [2005], quoting Matter of De Benedetto [Town of Brookhaven — Sweeney], 244 AD2d 740 [1997]; see Matter of LaRocca [New York City Dept. of Transp. — Roberts], 59 NY2d 683, 685 [1983]; Matter of *999Straw [Rocky Point Union Free School Dist. — Commissioner of Labor], 32 AD3d 1098, 1099 [2006]). Here, it is clear…

2Cases cited4 opinions

  1. In re the Claim of LaRoccaNew York Court of Appeals · 1983
  2. In re the Claime of JimenezAppellate Division of the Supreme Court of the State of New York · 2005
  3. In re the Claim of De BenedettoAppellate Division of the Supreme Court of the State of New York · 1997
  4. In re the Claim of StrawAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by2 opinions

  1. Matter of Franklin (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Cohen (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2017

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