Opinion
2012-02-2
In the Matter of the Claim of Daniel R. PENCOLA, Appellant.Commissioner of Labor, Respondent.
Daniel R. Pencola, Rochester, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.
Daniel R. Pencola, Rochester, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.
Before: LAHTINEN, J.P., SPAIN, KAVANAGH, McCARTHY and EGAN JR., JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 25, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
Claimant was a truck driver for the employer for approximately eight months when he failed to report for an assignment and, thereafter, failed to respond to telephone calls from the employer. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant appeals.
We affirm. Whether a claimant had good cause to leave employment is a factual determination within the province of the Board and its decision will not be disturbed when supported by substantial evidence ( see Matter of Mkhitaryan [ Commissioner of Labor], 86 A.D.3d 888, 888, 927 N.Y.S.2d 481 [2011]; Matter of Heller [ Paragon Motors of Woodside, Inc.—Commissioner of Labor], 83 A.D.3d 1229, 1229, 921 N.Y.S.2d 403 [2011] ). Here, the employer testified that claimant called in several hours before his scheduled shift and, upon reporting that he had transportation problems, claimant was offered a ride to the job site, but declined. Thereafter, claimant did not report to work and failed to return calls that evening or in the days to follow. Claimant's contentions that he was never offered a ride and that he was told that if he did not show for work he would be fired raised credibility questions to be resolved by the Board ( see Matter of Zaydman [ Roman Roytberg, Inc., P.C.—Commissioner of Labor], 87 A.D.3d 1192, 1193, 929 N.Y.S.2d 345 [2011]; Matter of Morar [ JSB Props., LLC—Commissioner of Labor], 86 A.D.3d 887, 888, 927 N.Y.S.2d 478 [2011] ). Under these circumstances, substantial evidence supports the Board's determination that claimant voluntarily left his employment without good cause ( see Matter of Cruse [ commissioner of labor], 20 A.D.3d 841, 842, 798 N.Y.S.2d 701 [2005]; Matter of Richards [ Commissioner of Labor], 303 A.D.2d 821, 822, 755 N.Y.S.2d 324 [2003] ).
ORDERED that the decision is affirmed, without costs.