In re the Claim of Basciano, 112 A.D.3d 1042 (N.Y. App. Div. 3d Dep't 2013). · Go Syfert
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In re the Claim of Basciano, 112 A.D.3d 1042 (N.Y. App. Div. 3d Dep't 2013). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: ]MatterofWiggins(Commr.ofLabor), No. 517774 (N.Y. App. Div. 3d Dep't Nov. 20, 2014)
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At page 1043 Determining the scope of commissioner's authority7 citing cases4 listed here
  • ]MatterofWiggins(Commr.ofLabor), No. 517774 (N.Y. App. Div. 3d Dep't Nov. 20, 2014).published
    Sys., Inc. [Commissioner of Labor], 56 AD3d 854 , 855 [2008] [citations omitted]; see Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 AD3d at 1043). -5- 517770 517771 517772 517774 517780 517781 Here, while there is evidence t…
  • In re the Claim of Armison, 122 A.D.3d 1101 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Sys., Inc. [Commissioner of Labor], 56 AD3d 854 , 855 [2008] [citations omitted]; see Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 AD3d at 1043).
  • In re Yoga Vida NYC, Inc., 119 A.D.3d 1314 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    As a general matter, an employer-employee relationship exists when the evidence shows that “the employer exercised control over the results produced or the means used to achieve those results, with the latter being more important” (Matter…
  • In re the Claim of Joyce, 116 A.D.3d 1132 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Sys., Inc. [Commissioner of Labor], 56 AD3d 854 , 855 [2008] [citations omitted]; see Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 AD3d at 1043; Matter of Smith [College Network Inc. — Commissioner of Labor], 109 AD3d 1058…
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Lawrence W. Basciano, Appellant Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Dec 5, 2013.
Published opinion
112 A.D.3d 1042
Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 21, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, a credit manager, notified the employer that he was overwhelmed and was going to look for other work. He further agreed to leave when his replacement was hired, even if he had not yet secured a new job. Claimant’s replacement began working approximately two weeks later, marking the end of his employment. Inasmuch as claimant agreed to leave his position even if he lacked a definite plan for future employment, substantial evidence supports the determination of the Unemployment Insurance Appeal Board disqualifying him from receiving unemployment insurance benefits (see Matter of Solano [Commissioner of Labor], 50 AD3d 1425, 1426 [2008]; Matter of Kennedy [Commissioner of Labor], 294 AD2d 700, 700 [2002]).

Lahtinen, J.P., Stein, McCarthy and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.