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Matter of Wigutow

Appellate Division of the Supreme Court of New York, Third Department
Mar 10, 1988
138 A.D.2d 817 (N.Y. App. Div. 1988)

Opinion

March 10, 1988

Appeal from the Unemployment Insurance Appeal Board.


Claimant contends that the appeal by the Commissioner of Labor to the Unemployment Insurance Appeal Board, following the decision of the Administrative Law Judge in claimant's favor, was untimely. The record, however, contains a notice of appeal from the Commissioner indicating a filing date of January 15, 1987, well within the time period prescribed by Labor Law § 621 (1). On the merits, claimant objects to the Board's finding that she voluntarily left her employment without good cause. Since general dissatisfaction with job conditions is not a valid excuse to terminate employment and receive benefits (Matter of Reich [Philip Morris, Inc. — Ross], 79 A.D.2d 841, 842), the Board's decision must be affirmed. At best, claimant's arguments establish the existence of substantial evidence which could have supported a Board decision in her favor (see, Matter of Wacksman [County of Nassau — Roberts], 129 A.D.2d 848), but this provides no basis for disturbing a Board decision to the contrary which is also supported by substantial evidence (see, Matter of Gunnip [Murphy Co. — Roberts], 108 A.D.2d 1007).

Decision affirmed, without costs. Kane, J.P., Casey, Levine, Harvey and Mercure, JJ., concur.


Summaries of

Matter of Wigutow

Appellate Division of the Supreme Court of New York, Third Department
Mar 10, 1988
138 A.D.2d 817 (N.Y. App. Div. 1988)
Case details for

Matter of Wigutow

Case Details

Full title:In the Matter of the Claim of ROSE WIGUTOW, Appellant. LILLIAN ROBERTS, as…

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

Date published: Mar 10, 1988

Citations

138 A.D.2d 817 (N.Y. App. Div. 1988)

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