DeSantis v. Board of Review, Dept. of Labor and Industry

CourtNew Jersey Superior Court – Appellate Division
Writing for the CourtPRESSLER
Citation372 A.2d 1362,149 N.J.Super. 35
PartiesRosemary DeSANTIS, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND INDUSTRY, and Citizens United Bank, Respondents.
Decision Date22 March 1977

Page 35

149 N.J.Super. 35
372 A.2d 1362
Rosemary DeSANTIS, Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND INDUSTRY, and
Citizens United Bank, Respondents.
Superior Court of New Jersey,
Appellate Division.
Argued Feb. 28, 1977.
Decided March 22, 1977.

[372 A.2d 1363]

Page 37

Connie M. Pascale, Bridgeton, for appellant (Camden Regional Legal Services, Inc.).

Michael S. Bokar, Deputy Atty. Gen., for respondent Bd. of Review, Dept. of Labor and Industry, State of N.J. (William F. Hyland, Atty. Gen.).

Before Judges FRITZ, ARD and PRESSLER.

The opinion of the court was delivered by

PRESSLER, J.A.D.

Petitioner Rosemary DeSantis appeals from the denial by the Board of Review of the Department of Labor and Industry of her claim for unemployment compensation pursuant to N.J.S.A. 43:21--1 Et seq.

The Supervising Appeals Examiner, whose findings and conclusions were accepted by the Board of Review, denied petitioner benefits on essentially two grounds. The first

Page 38

was based upon the finding that she had left her original job as a bank teller in the employ of respondent Citizens United Bank voluntarily and without good cause attributable to her work and was, therefore, disqualified for benefits by the provisions of N.J.S.A. 43:21--5(a). The second reason was based on the finding that her subsequent employment by the Bridgeton Apostolic Center (Center) did not toll the disqualification pursuant to that section of the statute because the Center itself is disqualified as an eligible employer by N.J.S.A. 43:21--19(i)(1)(D)(i). That provision excludes from eligible employment services performed

In the employ of (I) a church or convention or association of churches, or (II) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled or principally supported by a church or convention or association of churches.

As to the first of these, we are satisfied that the findings of the appeals examiner were based on substantial credible evidence present in the record and should, therefore, not be disturbed by us. See Jackson v. Concord Co., 54 N.J. 113, [372 A.2d 1364] 117--118, 253 A.2d 793 (1969); Close v. Kordulak Bros., 44 N.J. 589, 599, 210 A.2d 753 (1965). Essentially, the appeals examiner found that petitioner left her job primarily because of her disappointment in not receiving a hoped-for raise. Although her various supervisors had promised to recommend that she be given the raise, those...

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12 practice notes
  • Brady v. Board of Review
    • United States
    • United States State Supreme Court (New Jersey)
    • December 22, 1997
    ...violence, although a compelling reason, was a personal decision disqualifying claimant from benefits); DeSantis v. Board of Review, 149 N.J.Super. 35, 38, 372 A.2d 1362 (App.Div.1977) (holding that employee's quitting due to frustration and disappointment in not receiving raise was not caus......
  • Catholic Charities Bureau, Inc. v. State Labor & Indus. Review Comm'n, 2020AP2007
    • United States
    • Court of Appeals of Wisconsin
    • December 13, 2022
    ...that provides essentially secular services falls outside of the scope of" the religious purposes exemption); DeSantis v. Board of Rev., 372 A.2d 1362, 1364 ( N.J.Super.Ct.App.Div. 1977) (concluding Catholic social service agency not operated primarily for religious purposes because provisio......
  • Catholic Charities Bureau, Inc. v. State of Wis. Labor & Indus. Review Comm'n, 2020AP2007
    • United States
    • Court of Appeals of Wisconsin
    • February 14, 2023
    ...that provides essentially secular services falls outside of the scope of" the religious purposes exemption); DeSantis v. Board of Rev., 372 A.2d 1362, 1364 ( N.J.Super.Ct.App.Div. 1977) (concluding Catholic social service agency not operated primarily for religious purposes because provisio......
  • Catholic Charities Bureau, Inc. v. State of Wis. Labor & Indus. Review Comm'n, 2020AP2007
    • United States
    • Court of Appeals of Wisconsin
    • February 14, 2023
    ...that provides essentially secular services falls outside of the scope of" the religious purposes exemption); DeSantis v. Board of Rev., 372 A.2d 1362, 1364 ( N.J.Super.Ct.App.Div. 1977) (concluding Catholic social service agency not operated primarily for religious purposes because provisio......
  • Request a trial to view additional results
12 cases
  • Brady v. Board of Review
    • United States
    • United States State Supreme Court (New Jersey)
    • December 22, 1997
    ...violence, although a compelling reason, was a personal decision disqualifying claimant from benefits); DeSantis v. Board of Review, 149 N.J.Super. 35, 38, 372 A.2d 1362 (App.Div.1977) (holding that employee's quitting due to frustration and disappointment in not receiving raise was not caus......
  • Catholic Charities Bureau, Inc. v. State Labor & Indus. Review Comm'n, 2020AP2007
    • United States
    • Court of Appeals of Wisconsin
    • December 13, 2022
    ...that provides essentially secular services falls outside of the scope of" the religious purposes exemption); DeSantis v. Board of Rev., 372 A.2d 1362, 1364 ( N.J.Super.Ct.App.Div. 1977) (concluding Catholic social service agency not operated primarily for religious purposes because provisio......
  • Catholic Charities Bureau, Inc. v. State of Wis. Labor & Indus. Review Comm'n, 2020AP2007
    • United States
    • Court of Appeals of Wisconsin
    • February 14, 2023
    ...that provides essentially secular services falls outside of the scope of" the religious purposes exemption); DeSantis v. Board of Rev., 372 A.2d 1362, 1364 ( N.J.Super.Ct.App.Div. 1977) (concluding Catholic social service agency not operated primarily for religious purposes because provisio......
  • Catholic Charities Bureau, Inc. v. State of Wis. Labor & Indus. Review Comm'n, 2020AP2007
    • United States
    • Court of Appeals of Wisconsin
    • February 14, 2023
    ...that provides essentially secular services falls outside of the scope of" the religious purposes exemption); DeSantis v. Board of Rev., 372 A.2d 1362, 1364 ( N.J.Super.Ct.App.Div. 1977) (concluding Catholic social service agency not operated primarily for religious purposes because provisio......
  • Request a trial to view additional results

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