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In re Stevens

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2008
50 A.D.3d 1351 (N.Y. App. Div. 2008)

Opinion

No. 503240.

April 17, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 19, 2007, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Sean S. Stevens, Oswego, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

Before: Cardona, P.J., Peters, Carpinello, Lahtinen and Malone Jr., JJ.


Claimant worked as a salesperson for a beer distributor until he resigned in March 2006. His ensuing application for unemployment insurance benefits was ultimately denied by the Unemployment Insurance Appeal Board on the basis that he voluntarily left his employment without good cause. The Board adhered to its decision upon reconsideration. Claimant now appeals.

The reasons cited by claimant for resigning included his frustration at being removed from an account due to a complaint lodged against him, conflicts with various coworkers, excessive phone calls from his immediate supervisor and the employer's use of foul language during weekly sales meetings. However, neither a general dissatisfaction with the work environment nor the inability to get along with difficult coworkers or supervisors necessarily constitutes good cause for leaving one's employment ( see Matter of Crandall-Mars [Commissioner of Labor], 47 AD3d 1179, 1179-1180, [2008]; Matter of Ayad [Alia-Royal Jordanian Airline Corp. — Commissioner of Labor], 41 AD3d 1126, 1127). The conflicting testimony regarding the circumstances leading to claimant's resignation presented a credibility issue for the Board to resolve ( see Matter of Crandall-Mars [Commissioner of Labor], 47 AD3d at 1180). On this record, substantial evidence supports the Board's decision that claimant left his employment under disqualifying circumstances.

Claimant's remaining contentions, including his claims that the decision was based upon hearsay evidence and that he was denied the right to call witnesses, have been reviewed and found to be without merit.

Ordered that the decision is affirmed, without costs.


Summaries of

In re Stevens

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2008
50 A.D.3d 1351 (N.Y. App. Div. 2008)
Case details for

In re Stevens

Case Details

Full title:In the Matter of the Claim of SEAN S. STEVENS, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 17, 2008

Citations

50 A.D.3d 1351 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3364
855 N.Y.S.2d 311

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