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Matter of the Claim of Sherman

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 788 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: July 12, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2000, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Joette Sherman, East Northport, appellant in person.

Eliot Spitzer, Attorney-General (Carmen R. Torrent of counsel), New York City, for respondent.

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


MEMORANDUM AND ORDER

Claimant resigned from her employment as a bartender because her employer would not accommodate her request that her work schedule be arranged around her school schedule. Claimant challenges a decision of the Unemployment Insurance Appeal Board ruling that she was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. We affirm. "Resignation from a job because it conflicts with school has been characterized as leaving employment for personal and noncompelling reasons * * *" (Matter of Ganim [Kamerman Soniker — Sweeney], 241 A.D.2d 742, 742 [citation omitted]; see, Matter of Hanukov [Commissioner of Labor], 260 A.D.2d 684). Under the circumstances, we find no reason to disturb the Board's assessment of credibility and the inferences drawn from the evidence presented (see, Matter of Olawale [Commissioner of Labor], 254 A.D.2d 552). Accordingly, we conclude that substantial evidence supports the finding that claimant voluntarily left her employment without good cause.

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

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Sherman

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 788 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Sherman

Case Details

Full title:In the Matter of the Claim of JOETTE SHERMAN, Appellant. COMMISSIONER OF…

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

Date published: Jul 12, 2001

Citations

285 A.D.2d 788 (N.Y. App. Div. 2001)
729 N.Y.S.2d 202