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Matter of Chatterton

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 978 (N.Y. App. Div. 1998)

Opinion

September 17, 1998

Appeal from Unemployment Insurance Appeal Board.


Claimant challenges the Unemployment Insurance Appeal Board's ruling that claimant voluntarily left his position as a sales representative without good cause. The record reveals that the employer informed its sales representatives that they would need to purchase personal computers to be used in placing sales orders. When claimant's manager told him that a computer would be necessary in the future in order to perform his job, claimant quit under the mistaken belief that he could not continue working without immediately purchasing a computer. Significantly, other sales representatives continued to work without computers and to submit written orders after claimant left. Under these circumstances, we conclude that substantial evidence supports the Board's finding that claimant left his employment in anticipation of discharge, which does not constitute good reason for leaving employment ( see, e.g., Matter of Bradley [Hudacs], 190 A.D.2d 949; Matter of Greene [Hartnett], 176 A.D.2d 411). Claimant's remaining contentions, including that the terms of his employment were significantly altered, have been reviewed and found to be unpersuasive.

Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Chatterton

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 978 (N.Y. App. Div. 1998)
Case details for

Matter of Chatterton

Case Details

Full title:In the Matter of the Claim of BRYAN P. CHATTERTON, Appellant. ENESCO…

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

Date published: Sep 17, 1998

Citations

253 A.D.2d 978 (N.Y. App. Div. 1998)
677 N.Y.S.2d 822

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