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In the Matter of Barry

Appellate Division of the Supreme Court of New York, Third Department
Jun 14, 2001
284 A.D.2d 701 (N.Y. App. Div. 2001)

Opinion

June 14, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 23, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Miriam R. Barry, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: Crew III, J.P., Peters, Spain, Carpinello and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment for personal and noncompelling reasons. The record establishes that claimant resigned from her part-time employment as a teacher to avoid possible scheduling conflicts with any potential new employment. Although claimant was in the process of looking for a new job, she had no firm offer of new employment at the time she resigned. Inasmuch as claimant resigned from her employment when continuing work was available, we find no reason to disturb the Board's decision (see,Matter of Gillette [Commissioner of Labor], 264 A.D.2d 877; Matter of Spinelli [Commissioner of Labor], 250 A.D.2d 920, 921).

Crew III, J.P., Peters, Spain, Carpinello and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Barry

Appellate Division of the Supreme Court of New York, Third Department
Jun 14, 2001
284 A.D.2d 701 (N.Y. App. Div. 2001)
Case details for

In the Matter of Barry

Case Details

Full title:IN THE MATTER OF MIRIAM R. BARRY, Appellant. COMMISSIONER OF LABOR…

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

Date published: Jun 14, 2001

Citations

284 A.D.2d 701 (N.Y. App. Div. 2001)
727 N.Y.S.2d 491

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