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Matter of Ballard

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 428 (N.Y. App. Div. 1991)

Opinion

September 26, 1991

Appeal from the Unemployment Insurance Appeal Board.


The evidence establishes that claimant sold his 50% interest in the corporation after the other stockholder insisted that claimant either sell said interest or buy him out. The business was not in imminent danger of failing and had not filed for bankruptcy; nor did there appear to be any problem with paying both stockholders a salary. As such, claimant has failed to demonstrate a compelling reason for the sale, and the fact that he might have had a personality clash with the other stockholder is of no consequence. The decision that claimant voluntarily left his employment without good cause is therefore supported by substantial evidence and must be upheld (see, Matter of Sonners [Roberts], 133 A.D.2d 491; Matter of Berry [Catherwood], 32 A.D.2d 594; Matter of Amato [Catherwood], 26 A.D.2d 599).

Mahoney, P.J., Casey, Mikoll, Levine and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Ballard

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 428 (N.Y. App. Div. 1991)
Case details for

Matter of Ballard

Case Details

Full title:In the Matter of the Claim of RAYMOND J. BALLARD, Appellant. THOMAS F…

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

Date published: Sep 26, 1991

Citations

176 A.D.2d 428 (N.Y. App. Div. 1991)
574 N.Y.S.2d 420

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