Burke v. Ross

• Decision Date: 08 July 1976
• Citation: Burke v. Ross, 385 N.Y.S.2d 416, 53 A.D.2d 946 (N.Y. App. Div. 1976)
• Parties: Claim of Michael W. BURKE, Appellant, v. Philip ROSS, as Industrial Commissioner, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 416

385 N.Y.S.2d 416

53 A.D.2d 946

Claim of Michael W. BURKE, Appellant, v. Philip ROSS, as Industrial Commissioner, Respondent.

Supreme Court, Appellate Division, Third Department.

July 8, 1976.

Michael W. Burke, pro se.

Louis J. Lefkowitz, Atty. Gen. (Mitchell H. Cobert, New York City, of counsel), for respondent.

Before GREENBLOTT, J.P., and KANE, LARKIN, HERLIHY and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 29, 1975, which affirmed the decision of a Referee sustaining the initial determinations of the Industrial Commissioner holding claimant ineligible to receive benefits effective May 26, 1975 on the ground that he was not available for employment, and holding further that the claimant willfully made false statements to obtain benefits by reason of which a forfeiture of four effective days was imposed as a penalty in reduction of his future benefit rights.

Claimant, who was employed as a driver, part-time salesman and flower cutter, was asked to clean a bathroom by the employer's wife. When he refused to do so, his employment was terminated. When claimant filed for benefits, however, he gave as the reason for his loss of employment 'slow'.

The...