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Matter of Tanico

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 769 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant resigned from her position as a hospital supervisor, accepting a voluntary buy-out incentive from hospital management when she heard that her position was about to be eliminated. The Unemployment Insurance Appeal Board thereafter ruled that claimant was disqualified from receiving benefits on the ground that she voluntarily left her employment without good cause. We affirm. Leaving work in anticipation of a possible future discharge has been found to constitute a voluntary resignation from employment ( see, Matter of Robertson [Hudacs], 206 A.D.2d 563). Similarly, this Court has ruled that acceptance of a buy-out incentive in exchange for resignation does not constitute good cause for leaving employment ( see, Matter of Leung [Sweeney], 219 A.D.2d 741, 742). We conclude that substantial evidence supports the Board's ruling that claimant left her employment under disqualifying circumstances.

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


Summaries of

Matter of Tanico

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 769 (N.Y. App. Div. 1997)
Case details for

Matter of Tanico

Case Details

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

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

Date published: Sep 4, 1997

Citations

242 A.D.2d 769 (N.Y. App. Div. 1997)
661 N.Y.S.2d 845

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