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Matter of the Claim of Chereshnev

Appellate Division of the Supreme Court of New York, Third Department
Jul 25, 2002
296 A.D.2d 804 (N.Y. App. Div. 2002)

Opinion

91268

July 25, 2002.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 17, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Oleg Chereshnev, New York City, appellant pro se.

Before: Mercure, J.P., Crew III, Spain, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND ORDER

The Unemployment Insurance Appeal Board ruled that claimant left his employment for personal and noncompelling reasons, disqualifying him from receiving unemployment insurance benefits. Because we find substantial evidence to support that decision, we affirm.

In general, a claimant's dissatisfaction with the conditions of employment, including dissatisfaction with work-related duties (see,Matter of De John [Commissioner of Labor], 275 A.D.2d 848, 849) and work hours (see, Matter of Hunt [Commissioner of Labor], 286 A.D.2d 819), will not be found to constitute good cause for leaving employment when there is still work available. Interpersonal conflicts between a claimant and co-workers also have been found not to constitute good cause for resigning, particularly in cases such as the instant matter, where the claimant has failed to bring the problem to the attention of the employer (see, Matter of Rahman [Commissioner of Labor], 257 A.D.2d 945) . While claimant asserts that he did notify the employer about his situation, a witness for the employer testified to the contrary, raising an issue of credibility for resolution by the Board (see, Matter of Nachef [Commissioner of Labor], 288 A.D.2d 550, 551). Claimant's remaining contentions have been examined and found to be without merit.

Mercure, J.P., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Chereshnev

Appellate Division of the Supreme Court of New York, Third Department
Jul 25, 2002
296 A.D.2d 804 (N.Y. App. Div. 2002)
Case details for

Matter of the Claim of Chereshnev

Case Details

Full title:In the Matter of the Claim of OLEG CHERESHNEV, Appellant. COMMISSIONER OF…

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

Date published: Jul 25, 2002

Citations

296 A.D.2d 804 (N.Y. App. Div. 2002)
745 N.Y.S.2d 497

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