From Casetext: Smarter Legal Research

In the Matter of Jones

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 2004
9 A.D.3d 777 (N.Y. App. Div. 2004)

Opinion

95482.

July 22, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 29, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Before: Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant left her employment as a service coordinator for a daycare agency without good cause because her school schedule interfered with her work hours. It is well settled that leaving employment in order to attend school does not constitute good cause for leaving employment ( see Matter of Sherman [Commissioner of Labor], 285 AD2d 788; Matter of Jing Ying Zeng [Commissioner of Labor], 268 AD2d 747). Claimant's contention that she also quit due to a reduction in her salary, as well as any inconsistencies as to the reasons her salary was reduced, presented a credibility issue for the Board to resolve ( see Matter of Cuttitto [Commissioner of Labor], 303 AD2d 814; Matter of Cranston [Commissioner of Labor], 294 AD2d 694).

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Jones

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 2004
9 A.D.3d 777 (N.Y. App. Div. 2004)
Case details for

In the Matter of Jones

Case Details

Full title:In the Matter of the Claim of SHEILA JONES, Appellant. COMMISSIONER OF…

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

Date published: Jul 22, 2004

Citations

9 A.D.3d 777 (N.Y. App. Div. 2004)
779 N.Y.S.2d 873

Citing Cases

In the Matter of Dowling

Claimant now appeals. Substantial evidence supports the Board's decision that claimant voluntarily left…

In the Matter of Adorisio

She was also charged with a recoverable overpayment of benefits and her right to receive future benefits was…