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Matter of Kabuya

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 811 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant left his employment as a night cleaner after his hours were reduced from full time to two nights a week. When he was hired, claimant was informed that the employer's business was cyclical and hence there would be temporary reductions in his work week. After claimant complained to the employer's director about his reduced work schedule, he was assured, in writing, that the schedule change was temporary and that he would resume his full-time status shortly; claimant's medical benefits were not jeopardized by the reduction in his hours. Under these circumstances, substantial evidence supports the Unemployment Insurance Appeal Board's finding that claimant left his employment under disqualifying conditions ( see, Matter of McQueen [Hartnett], 176 A.D.2d 413, 414; Matter of Orenstein [Hartnett], 173 A.D.2d 1029). The decision of the Board is, accordingly, affirmed.

Cardona, P.J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Kabuya

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 811 (N.Y. App. Div. 1997)
Case details for

Matter of Kabuya

Case Details

Full title:In the Matter of the Claim of ILUNGA F. KABUYA, Appellant. JOHN E…

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

Date published: Sep 11, 1997

Citations

242 A.D.2d 811 (N.Y. App. Div. 1997)
661 N.Y.S.2d 872

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