In re the Claim of Courtney
Opinion of the Court
Decision affirmed, without costs. No opinion. Sweeney, J. P., Staley, Jr., Larkin and Herlihy, JJ., concur; Mikoll, J., dissents and votes to reverse in the following memorandum. Mikoll, J. (dissenting). I respectfully dissent. The board found that claimant, an assistant librarian at the Utica Public Library, applied to graduate school for the fall 1976 semester; that thereafter she was informed that government funding for her job would run out at some time; that on June 21, 1976 she submitted her resignation effective August 31, 1976; that continuing work was available to her; that she commenced school in September, 1976; that on her claim for benefits filed January 10, 1977 she stated that the reason for her loss of employment was "lack of funds”. Based on these findings, the board found that claimant left her employment without good cause and had made willfully false statements to obtain benefits. The findings of the board are not based on substantial evidence. Claimant’s original claim for benefits, dated January 10, 1977, contains the following written explanation: "I last worked on 8/31/76 for the Utica Public Library&emdash;I left the job to return to school&emdash;The funds were low and I would have been let go at a future date.” The claim said "I am not working because of lack of funds.” The employer submitted a form which stated she left work to earn a master’s degree and that she had a job. Her claim was disallowed on January 25, 1977 by the Industrial Commissioner because he found that claimant left her job to go to school while work was available. The claimant thereafter, on February 4, 1977, requested a review. On February 22, 1977 the Industrial Commissioner sent a further notice advising the claimant that she was adjudged to have willfully made false statements to obtain benefits. A four-day penalty was imposed because "You stated you were unemployed due to lack of funds&emdash;You had left your job without good cause.” The statement of the Industrial Commission submitted at the hearing before the referee made in support of his findings contained the following finding of facts: "1. Claimant, as assistant librarian from July 1, 1970 until August 31, 1976 left her job to return to school. 2. There was continuing work available to the claimant when she quit.” At a hearing before the referee, the Director of the Utica Public Library, Helen Dirtadian, testified that on August 31, 1976 the claimant was working as a documents librarian, at half time, that is, 20 hours a week. Claimant had been notified on January 1, 1976 that effective February 1, 1976 she was
Case-law data current through December 31, 2025. Source: CourtListener bulk data.