Opinion
Decided and Entered: September 20, 2001.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 13, 2000, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
David A. Hunt, Hillsdale, appellant in person.
Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.
Before: Mercure, J.P., Peters, Carpinello, Mugglin and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Claimant was employed full time as a truck driver from September 1998 until December 1999. In October 1999, claimant informed his employer that he no longer wished to work full time and requested that the employer place an ad in the newspaper to find a replacement for him. A replacement was subsequently found and claimant left his employment on December 4, 1999. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Continuing work was available to claimant and his dissatisfaction with his hours did not constitute good cause for resigning (see, Matter of Anthony [Commissioner of Labor], 257 A.D.2d 876;Matter of Borlang [B M Sports — Commissioner of Labor], 254 A.D.2d 632). Claimant's assertion that he was fired created a credibility issue for resolution by the Board (see, Matter of Saglimbeni [Commissioner of Labor], 264 A.D.2d 933; Matter of Anthony [Commissioner of Labor], supra). Moreover, we find no reason to disturb the Board's finding that claimant made a willful false statement to obtain unemployment insurance benefits (see, Matter of Epps [Commissioner of Labor], 276 A.D.2d 997). We have examined claimant's remaining contentions and find them to be lacking in merit.
ORDERED that the decision is affirmed, without costs.