Opinion
June 27, 1991
Appeal from the Unemployment Insurance Appeal Board.
Any preference for particular hours, in the absence of compelling circumstances, does not constitute good cause for leaving one's employment (Matter of Imre [Catherwood], 27 A.D.2d 970). Here, the record supports the conclusion that claimant's refusal to change his hours because he desired to do volunteer work was not a sufficiently valid reason to warrant his quitting his job. Although claimant contends that it was mutually agreed that he be replaced and that he did not quit, this merely presented a question of fact for the Unemployment Insurance Appeal Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714). Therefore, the decision that claimant voluntarily left his employment without good cause is supported by substantial evidence and must be upheld (see, Matter of Steed [Roberts], 115 A.D.2d 166). The Board also properly determined that claimant willfully misrepresented that his job was eliminated in order to obtain benefits (see, Matter of O'Leary [Roberts], 93 A.D.2d 915). Claimant's remaining contentions have been considered and rejected as lacking in merit.
Mahoney, P.J., Weiss, Mikoll, Yesawich Jr. and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.