Opinion
2014-06-26
In the Matter of the Claim of George A. HALL, Appellant. Commissioner of Labor, Respondent.
George A. Hall, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.
George A. Hall, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.
Before: LAHTINEN, J.P., McCARTHY, GARRY, ROSE and DEVINE, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 9, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
Claimant began employment as a teacher in 2002. He was informed at that time that he was required to obtain a Master's degree within the first five years of employment in order to maintain a valid teaching certificate. Despite being granted two extensions to the time limit, claimant failed to obtain the degree and his employment was terminated in June 2011 for a lack of a teaching certificate. Inasmuch as claimant failed to timely obtain the proper certification, the Unemployment Insurance Appeal Board's decision that claimant voluntarily left his employment without good cause is supported by substantial evidence and will not be disturbed ( see Matter of Rhome [New York City Bd. of Educ.-Commissioner of Labor], 50 A.D.3d 1422, 1422, 857 N.Y.S.2d 296 [2008];Matter of Toussaint [Commissioner of Labor], 17 A.D.3d 761, 762, 792 N.Y.S.2d 263 [2005] ). Moreover, the Administrative Law Judge did not err in denying, as irrelevant, claimant's requested testimony regarding his subsequent attempts for new employment with the employer ( see12 NYCRR 461.4[c], [d]; Matter of Wedgle [Commissioner of Labor], 99 A.D.3d 1139, 1140, 952 N.Y.S.2d 810 [2012];Matter of Gramonte [Inor Dental, P.C.-Commissioner of Labor], 46 A.D.3d 997, 998, 46 A.D.3d 997 [2007] ).
ORDERED that the decision is affirmed, without costs.