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In the Matter of Claim of Behuniak

Appellate Division of the Supreme Court of New York, Third Department
May 25, 2006
29 A.D.3d 1258 (N.Y. App. Div. 2006)

Opinion

99477.

May 25, 2006.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 1, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Marie C. Behuniak, Auburn, appellant pro se.

Before: Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur.


Claimant worked as a teacher for a Catholic school for nearly 35 years. On July 9, 2004, the employer offered her a contract of employment for the 2004-2005 academic year which contained an addendum with specified conditions. Claimant became upset with the conditions, left a voice message declining the offer and did not sign the contract. The employer treated claimant's actions as a resignation. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant appeals.

Initially, we note that general dissatisfaction with the conditions of employment does not constitute good cause for leaving a job ( see Matter of Enneddam [Commissioner of Labor], 20 AD3d 800, 801). In the case at hand, it is apparent that the employer had experienced problems with claimant and that she was unhappy with the terms of the addendum, which were designed to address such problems, and she did not sign the contract. While claimant's testimony that she was terminated from her position is in conflict with that of the employer's representative that she effectively resigned, this presented a credibility issue for the Board to resolve ( see Matter of Peake [Commissioner of Labor], 8 AD3d 743, 744). Therefore, we find no reason to disturb the Board's decision.

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Claim of Behuniak

Appellate Division of the Supreme Court of New York, Third Department
May 25, 2006
29 A.D.3d 1258 (N.Y. App. Div. 2006)
Case details for

In the Matter of Claim of Behuniak

Case Details

Full title:In the Matter of the Claim of MARIE C. BEHUNIAK, Appellant. COMMISSIONER…

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

Date published: May 25, 2006

Citations

29 A.D.3d 1258 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4150
815 N.Y.S.2d 782