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In the Matter of the Claim of Murtaugh

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 2000
278 A.D.2d 730 (N.Y. App. Div. 2000)

Opinion

December 21, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 21, 2000, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Hiscock Barclay LLP (Alan R. Peterman of counsel), Syracuse, for appellant.

Eliot Spitzer, Attorney-General (Steven Segall of counsel), New York City, for respondent.

Before: Spain, J.P., Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

There is substantial evidence in the record to support the finding by the Unemployment Insurance Appeal Board that there were no compelling reasons for claimant's unemployment and that his period of unemployment was contrived by claimant and his employer (see, Matter of Contro [Commissioner of Labor], 270 A.D.2d 557; Matter of McNeil [Hudacs], 180 A.D.2d 994). Moreover, given that claimant indicated on his application for unemployment insurance benefits that he separated from his employment due to lack of work when, in fact, business necessity did not warrant his discharge, we decline to disturb the Board's finding that claimant made willful false statements in order to obtain benefits (see,Matter of Yaminian [Misicom Inc. — Commissioner of Labor], 254 A.D.2d 678, lv denied 93 N.Y.2d 801; Matter of McNeil [Hudacs],supra).

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Murtaugh

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 2000
278 A.D.2d 730 (N.Y. App. Div. 2000)
Case details for

In the Matter of the Claim of Murtaugh

Case Details

Full title:In the Matter of the Claim of RODNEY F. MURTAUGH, Appellant. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 21, 2000

Citations

278 A.D.2d 730 (N.Y. App. Div. 2000)
718 N.Y.S.2d 239