Opinion
94871.
Decided and Entered: May 6, 2004.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 16, 2003, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Simin D. Maleknia, Delmar, California, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.
Before: Cardona, P.J., Mercure, Peters, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
After the employer informed claimant that her teaching contract at the medical school would not be renewed after June 2002, claimant resigned effective January 2002 citing conflicts with her supervisor. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. It is well settled that neither quitting in anticipation of a scheduled discharge date (see Matter of Miller [Commissioner of Labor], 296 A.D.2d 693; Matter of Drechsler [Bretton Woods Homeowners Assn. — Hudacs], 197 A.D.2d 739) nor conflicts with one's supervisor (see Matter of Micara [Commissioner of Labor], 307 A.D.2d 568, 569;Matter of Nachef [Commissioner of Labor], 288 A.D.2d 550, 551) necessarily constitute good cause for leaving one's employment. Inasmuch as continuing work was available to claimant absent her resignation, substantial evidence supports the Board's decision that claimant voluntarily left her employment without good cause. Furthermore, despite claimant's exculpatory explanation, we find no basis to disturb the Board's finding that claimant made willful false statements to obtain benefits by indicating on her application for benefits that her separation from employment was due to lack of work (see Matter of Koller [Saint Mary's Found. for Children — Commissioner of Labor], 288 A.D.2d 599).
Cardona, P.J., Mercure, Peters, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.