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Matter of the Claim of Marcheschi

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 2003
306 A.D.2d 613 (N.Y. App. Div. 2003)

Opinion

93169

Decided and Entered: June 5, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 19, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Anthony A. Marcheschi, Indianhead Park, Illinois, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent.

Before: Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left his employment as a security guard without good cause. The record establishes that at the time claimant was hired, he indicated that he preferred to work 6:00 A.M. to 2:00 P.M., Monday through Friday, with no overtime in order to search for work as a commercial pilot. Claimant quit after the employer repeatedly asked him to work additional hours. Absent a compelling reason, an employee's preference for particular hours does not constitute good cause for leaving one's employment (see Matter of De Angelis [Sweeney], 199 A.D.2d 739). Although claimant testified that the additional hours interfered with his efforts to find a job as an airline pilot, quitting in order to pursue other job opportunities has been held not to constitute good cause for leaving employment (see Matter of Covello [Hepco Torus — Commissioner of Labor], 249 A.D.2d 646; Matter of Gadamowitz [Sweeney], 213 A.D.2d 912). Claimant's remaining contentions, including his claim of bias, have been reviewed and found to be without merit.

Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Marcheschi

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 2003
306 A.D.2d 613 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Marcheschi

Case Details

Full title:In the Matter of the Claim of ANTHONY A. MARCHESCHI, Appellant…

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

Date published: Jun 5, 2003

Citations

306 A.D.2d 613 (N.Y. App. Div. 2003)
759 N.Y.S.2d 716

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