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Matter of Colavito

Appellate Division of the Supreme Court of New York, Third Department
Feb 13, 1992
180 A.D.2d 883 (N.Y. App. Div. 1992)

Opinion

February 13, 1992

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a sergeant in the Orange County Sheriff's Department from June 1, 1987 until January 3, 1990 when he resigned his position because he believed it was too stressful, made him nauseous and affected his appetite. He was later found to be suffering from a gall bladder condition which was corrected surgically. Claimant never attempted to secure a medical leave of absence. At the local unemployment insurance office, he signed a statement in which he stated that his doctor did not advise him to leave the job and that he did not ask for help from his superiors; he just quit.

The statement supplies substantial evidence for the Unemployment Insurance Appeal Board's decision that claimant left his employment under disqualifying conditions (see, Matter of Kormendi [Levine], 51 A.D.2d 826). Claimant argues it was the stress that caused him to leave the position, but good cause for leaving one's employment is a question of fact for the Board to determine and its decision, which is supported by substantial evidence, must be affirmed.

Weiss, P.J., Levine and Mercure, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Colavito

Appellate Division of the Supreme Court of New York, Third Department
Feb 13, 1992
180 A.D.2d 883 (N.Y. App. Div. 1992)
Case details for

Matter of Colavito

Case Details

Full title:In the Matter of the Claim of RONALD J. COLAVITO, Appellant. THOMAS F…

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

Date published: Feb 13, 1992

Citations

180 A.D.2d 883 (N.Y. App. Div. 1992)
579 N.Y.S.2d 487

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