Legal Opinion · Dissent

In re the Claim of Robinson

New York Court of Appeals

Decided June 15, 1978Published

1DissentCooke, J.

I dissent, respectfully, and vote to reverse.

This claimant was denied benefits solely because he did not continue to report to his local unemployment office after he had been repeatedly advised that he was ineligible and had exhausted his administrative appeal rights. Admitting that the copy of the appeal board decision furnished to the claimant did not give any instructions about continued reporting, the board stated that claimant "reasonably should have followed” prior instructions given on the copy of the referee’s decision and in the agency’s handbook. At best these instructions advised…

2Cases cited7 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. Boutilier v. Immigration & Naturalization ServiceSupreme Court of the United States · 1967
  3. Graves v. MeystrikDistrict Court, E.D. Missouri · 1977
  4. People ex rel. Bridges v. MalcolmNew York Court of Appeals · 1977
  5. Graves v. MeystrikSupreme Court of the United States · 1977

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