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Matter of King

Appellate Division of the Supreme Court of New York, Third Department
Oct 9, 1997
243 A.D.2d 802 (N.Y. App. Div. 1997)

Opinion

October 9, 1997

Appeal from a decision of the Unemployment Insurance Appeal Board.


Claimant was employed on a seasonal basis as a groundskeeper. After several months, the employer offered claimant permanent employment, including an increased hourly pay rate, health insurance and other benefits, but with a reduced work schedule of five fewer hours per week. Claimant declined the offer and resigned because the new position would have resulted in a weekly decrease in pay of $16.25. The Unemployment Insurance Appeal Board ruled that claimant had left his employment without good cause and charged him with a recoverable overpayment. We affirm. It has been held that a claimant's dissatisfaction with a position's hours or wages does not constitute good cause for resigning ( see, Matter of Solano [Sweeney], 234 A.D.2d 845). Claimant's contention that he did not resign but was fired raised a question of credibility for resolution by the Board ( see, Matter of Cattan [French Eur. Publs. — Hudacs], 187 A.D.2d 858).

Mikoll, J.P., Mercure, Casey, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of King

Appellate Division of the Supreme Court of New York, Third Department
Oct 9, 1997
243 A.D.2d 802 (N.Y. App. Div. 1997)
Case details for

Matter of King

Case Details

Full title:In the Matter of the Claim of DENNIS KING, Appellant. JOHN E. SWEENEY, as…

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

Date published: Oct 9, 1997

Citations

243 A.D.2d 802 (N.Y. App. Div. 1997)
665 N.Y.S.2d 348

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