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Louis v. Comm'r Labor

Supreme Court, Appellate Division, Third Department, New York.
Sep 19, 2013
109 A.D.3d 1044 (N.Y. App. Div. 2013)

Opinion

2013-09-19

In the Matter of the Claim of Yves LOUIS, Appellant. Commissioner of Labor, Respondent.

Yves Louis, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.


Yves Louis, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 18, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant worked as a parking attendant for the employer, occasionally filling in as a cashier. The employer declined to permanently assign claimant as a cashier, prompting claimant to stop working in protest. Claimant's subsequent application for unemployment insurance benefits was rejected by the Unemployment Insurance Appeal Board because he had voluntarily left his employment without good cause. This appeal ensued.

Substantial evidence supports the Board's decision and, accordingly, we affirm. Dissatisfaction with job responsibilities or promotional opportunities do not constitute good cause for leaving employment ( see Matter of Bingel [Commissioner of Labor], 306 A.D.2d 780, 781, 761 N.Y.S.2d 392 [2003];Matter of Schachtman [Commissioner of Labor], 286 A.D.2d 790, 790, 729 N.Y.S.2d 807 [2001],lv. denied97 N.Y.2d 607, 738 N.Y.S.2d 290, 764 N.E.2d 394 [2001] ). Claimant worked as *486a parking attendant for several years after his supervisor agreed to “recommend” him for the cashier position and, under these circumstances, the Board was free to reject claimant's assertion that he had been guaranteed a transfer ( see Matter of Mannetta [Sweeney], 246 A.D.2d 699, 699, 667 N.Y.S.2d 492 [1998];Matter of Kleparek [Town of Newstead–Hudacs], 211 A.D.2d 935, 935, 621 N.Y.S.2d 231 [1995] ).

ORDERED that the decision is affirmed, without costs.

PETERS, P.J., LAHTINEN, SPAIN and EGAN JR., JJ., concur.


Summaries of

Louis v. Comm'r Labor

Supreme Court, Appellate Division, Third Department, New York.
Sep 19, 2013
109 A.D.3d 1044 (N.Y. App. Div. 2013)
Case details for

Louis v. Comm'r Labor

Case Details

Full title:In the Matter of the Claim of Yves LOUIS, Appellant. Commissioner of…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Sep 19, 2013

Citations

109 A.D.3d 1044 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 5951
971 N.Y.S.2d 485