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Matter of Claim of Simon

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 961 (N.Y. App. Div. 2000)

Opinion

October 26, 2000.

Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed January 7, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause, and (2) from a decision of said Board, filed June 8, 2000, which denied claimant's application for reconsideration.

Lawrence L. Simon, Newtonville, appellant in person.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

Before: Mercure, J.P., Crew III, Graffeo, Mugglin and Lahtinen, JJ.


MEMORANDUM AND ORDER

We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment without good cause. Quitting in response to criticism by a supervisor has been held not to constitute good cause for leaving one's employment (see, Matter of Spaulding [Commissioner of Labor], 264 A.D.2d 881, 882). Whether claimant quit or was fired on the day in question presented a credibility issue for resolution by the Board (see,Matter of Mesidor [Sweeney], 247 A.D.2d 696). We have considered claimant's remaining arguments and find them to be unpersuasive.

ORDERED that the decisions are affirmed, without costs.


Summaries of

Matter of Claim of Simon

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 961 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of Simon

Case Details

Full title:In the Matter of the Claim of LAWRENCE L. SIMON, Appellant. COMMISSIONER…

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

Date published: Oct 26, 2000

Citations

276 A.D.2d 961 (N.Y. App. Div. 2000)
714 N.Y.S.2d 618