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In the Matter of Giovati

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 2004
4 A.D.3d 598 (N.Y. App. Div. 2004)

Opinion

94428.

Decided and Entered: February 5, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 30, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Christopher W. Giovati, Henrietta, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

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


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant left his employment as a salesperson without good cause. Dissatisfaction with one's work schedule does not constitute good cause for leaving employment (see Matter of Rahn [Commissioner of Labor], 308 A.D.2d 629) nor does dissatisfaction with salary or general working conditions (see Matter of Fierro [Commissioner of Labor], 306 A.D.2d 672; Matter of Zalinka [Commissioner of Labor], 290 A.D.2d 629). Here, claimant resigned because he was upset over the employer's decision to deny his request for a schedule change in order to accommodate a dental appointment. Claimant also testified to his general dissatisfaction with the overall employment situation. Under these circumstances, we find no reason to disturb the Board's decision, particularly where, as here, continuing work was available. Claimant's remaining contentions, including his claim of an unfair hearing, have been reviewed and found to be without merit.

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

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Giovati

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 2004
4 A.D.3d 598 (N.Y. App. Div. 2004)
Case details for

In the Matter of Giovati

Case Details

Full title:IN THE MATTER OF THE CLAIM OF CHRISTOPHER W. GIOVATI, Appellant…

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

Date published: Feb 5, 2004

Citations

4 A.D.3d 598 (N.Y. App. Div. 2004)
770 N.Y.S.2d 923

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