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Matter of Jakab

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1992
186 A.D.2d 304 (N.Y. App. Div. 1992)

Opinion

September 17, 1992

Appeal from the Unemployment Insurance Appeal Board.


The employer's president testified that claimant resigned after he told her of complaints he had received from her co-workers that she was not properly covering the switchboard. He also testified that he did not fire her and that continuing work was available. Claimant testified that she believed that her co-workers were not cooperating with her and that the president told her "goodbye" when she complained to him. Conflicts with co-workers do not provide a compelling reason to leave one's employment (see, Matter of Hogan [Schenectady Discount Corp. — Levine], 50 A.D.2d 650). There is substantial evidence in the record before us to support the conclusion by the Unemployment Insurance Appeal Board that claimant left her job due to dissatisfaction with her co-workers and that she therefore voluntarily left without good cause (see, Matter of Rubinstein [Catherwood], 33 A.D.2d 950). In addition, although claimant testified that she did not quit, the employer's president testified to the contrary and in an earlier statement claimant answered yes to a question as to whether she notified her employer that she was quitting. The resolution of this factual dispute was for the Board and it cannot be successfully argued that its rejection of claimant's testimony and acceptance of her earlier statement rested upon other than substantial evidence (see, Matter of Chassman [Levine], 50 A.D.2d 1000).

Weiss, P.J., Mercure, Crew III, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Jakab

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1992
186 A.D.2d 304 (N.Y. App. Div. 1992)
Case details for

Matter of Jakab

Case Details

Full title:In the Matter of the Claim of GILDA JAKAB, Appellant. JOHN F. HUDACS, as…

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

Date published: Sep 17, 1992

Citations

186 A.D.2d 304 (N.Y. App. Div. 1992)
587 N.Y.S.2d 789

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