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Matter of Zevallos

Appellate Division of the Supreme Court of New York, Third Department
Jan 20, 2000
268 A.D.2d 857 (N.Y. App. Div. 2000)

Opinion

January 20, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 20, 1998, which ruled that claimant was disqualified from receiving unemployment benefits because he voluntarily left his employment without good cause.

Gerardo Zevallos, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Norman Uris of counsel), New York City, for respondent.

Before: CARDONA, P.J., MERCURE, CREW III, PETERS and MUGGLIN, JJ.


MEMORANDUM AND ORDER

The record indicates that claimant resigned his employment as a night watchman at a country club after being asked to cut some computer paper into pad-sized pieces, a task he had previously performed for the employer on a sporadic basis. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he voluntarily left his position without good cause. We affirm. This court has ruled that dissatisfaction with one's job responsibilities does not necessarily constitute good cause for leaving employment, especially in cases such as this where the claimant effectively waives any objections to the disputed duties by continuing to perform them without complaint (see, Matter of Papleo [Commissioner of Labor], 250 A.D.2d 895, lv denied 92 N.Y.2d 807;Matter of Frankel [Sweeney], 236 A.D.2d 773, 774). Notably, while claimant's version of the events surrounding his separation from employment differed from that of the employer, this merely raised an issue of credibility for resolution by the Board (see, Matter of Boyle [Sweeney], 247 A.D.2d 809). Claimant's remaining contentions have been examined and found to be lacking in merit.

Cardona, P.J., Mercure, Crew III, Peters and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Zevallos

Appellate Division of the Supreme Court of New York, Third Department
Jan 20, 2000
268 A.D.2d 857 (N.Y. App. Div. 2000)
Case details for

Matter of Zevallos

Case Details

Full title:In the Matter of the Claim of GERARDO ZEVALLOS, Appellant. COMMISSIONER OF…

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

Date published: Jan 20, 2000

Citations

268 A.D.2d 857 (N.Y. App. Div. 2000)
702 N.Y.S.2d 417