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Matter of Claim of Corns

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 711 (N.Y. App. Div. 2000)

Opinion

May 11, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 26, 1999, as amended by decision filed October 7, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Joanne Perdue Corns, Bay Shore, appellant in person.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the determination of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment as a telemarketer for an insurance agent without good cause. It is undisputed that claimant failed to report for work on May 12, 1999 or at any time thereafter and the employer's testimony, which was credited by the Board, supports the conclusion that claimant was never fired. Further, the evidence showed that claimant made no significant effort to discuss the matter with the employer, thereby failing to take reasonable steps to protect her employment (see, Matter of Murphy [Commissioner of Labor], 264 A.D.2d 877; Matter of Punzalan [Commissioner of Labor], 260 A.D.2d 886). Any conflicting evidence presented by claimant presented a credibility issue for resolution by the Board (see,Matter of Parmeter [Commissioner of Labor], ___ A.D.2d ___, 703 N.Y.S.2d 588).

Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Claim of Corns

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 711 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of Corns

Case Details

Full title:In the Matter of the Claim of JOANNA PERDUE CORNS, Appellant. COMMISSIONER…

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

Date published: May 11, 2000

Citations

272 A.D.2d 711 (N.Y. App. Div. 2000)
708 N.Y.S.2d 913