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In the Matter of Penigian

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 2004
4 A.D.3d 603 (N.Y. App. Div. 2004)

Opinion

94487.

Decided and Entered: February 5, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 31, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Maria R. Penigian, Miami, Florida, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Before: Cardona, P.J., Mercure, Peters, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment as an under butler valet without good cause. The record establishes that claimant resigned from her employment because she claimed that the employer spoke to her in a harsh manner and she was unhappy with her task of retrieving the newspaper two mornings a week. It is well settled that failure to get along with one's employer or coworkers who are perceived as unduly harsh or critical does not necessarily constitute good cause for leaving employment (see Matter of Micara [Commissioner of Labor], 307 A.D.2d 568, 569; Matter of Cioffi [Commissioner of Labor], 297 A.D.2d 854, 854-855), nor does dissatisfaction with one's work assignment (see Matter of Chipman [Commissioner of Labor], 308 A.D.2d 652, 652; Matter of Yap [Richard Wonder Assoc. — Commissioner of Labor], 257 A.D.2d 831, 832). Under the circumstances presented here, we find no reason to disturb the Board's decision.

Cardona, P.J., Mercure, Peters, Lahtinen and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Penigian

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 2004
4 A.D.3d 603 (N.Y. App. Div. 2004)
Case details for

In the Matter of Penigian

Case Details

Full title:IN THE MATTER OF THE CLAIM OF MARIA R. PENIGIAN, Appellant. COMMISSIONER…

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

Date published: Feb 5, 2004

Citations

4 A.D.3d 603 (N.Y. App. Div. 2004)
880 N.Y.S.2d 923

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