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Matter of Williams

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 947 (N.Y. App. Div. 1997)

Opinion

December 24, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant, the sole shareholder and director of a business machine sales and service corporation, operated the sales division of the corporation and his daughter managed the service division. Due to increased competition resulting in financial difficulties, claimant terminated his employment and transferred his stock to his daughter as a gift. The Unemployment Insurance Appeal Board denied claimant's application for unemployment insurance benefits on the basis that he voluntarily left his employment without good cause. We affirm.

Although the sales division ceased operation, the service division continued to be viable. Furthermore, claimant drew a salary until terminating his employment and the corporation continued to employ more employees than just claimant's daughter. Under these circumstances, we find that substantial evidence supports the Board's decision that claimant voluntarily left his employment without good cause ( see, Matter of Tepper [Sweeney], 228 A.D.2d 856; Matter of Sonin [Sweeney], 226 A.D.2d 790; Matter of Sonners [Roberts], 133 A.D.2d 491).

Mercure, J. P., Crew III, White, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Williams

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 947 (N.Y. App. Div. 1997)
Case details for

Matter of Williams

Case Details

Full title:In the Matter of the Claim of JOHN M. WILLIAMS, Appellant. JOHN E…

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

Date published: Dec 24, 1997

Citations

245 A.D.2d 947 (N.Y. App. Div. 1997)
666 N.Y.S.2d 795

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