In re the Claim of Zaichik
Cases that cite this one
4 later published cases cite this decision.
- Matter of Hamlin (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2025)
- Matter of Gaffney (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2025)
- In re the Claim of Goldner (Appellate Division of the Supreme Court of New York 2009)
- In re the Claim of Feierman (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Claimant briefly worked for the employer as a marketing representative. She was terminated from her position after she failed to report to work or call in for four days. Although she initially received unemployment insurance benefits, the Unemployment Insurance Appeal Board subsequently ruled that she was disqualified from receiving them because she voluntarily left her employment without good cause. It also charged her with a recoverable overpayment and imposed a forfeiture penalty on the basis that she made willful misrepresentations to obtain benefits. Claimant appeals.
We affirm. Inasmuch as the employer’s representatives testified that claimant abandoned her job by failing to report to work or call in for four days, substantial evidence supports the Board’s decision that she voluntarily left her employment without good cause (see Matter of Felder [McRoberts Protective Agency, Inc.—Commissioner of Labor], 21 AD3d 1175 [2005]; Matter of Sundin [Commissioner of Labor], 20 AD3d 831 [2005]). Claimant’s contention that she was fired presented a credibility issue for the Board to resolve (see Matter of Smith [Commissioner of Labor], 20 AD3d 844 [2005]). To the extent that claimant falsely indicated when certifying for benefits that her employment was terminated due to lack of work, substantial evidence also supports the Board’s assessment of a recoverable overpayment (see Matter of Kanela [Commissioner of Labor], 21 AD3d 632, 633 [2005]).
Peters, J.E, Spain, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.