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In re the Claim of De Jesus

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1994
210 A.D.2d 716 (N.Y. App. Div. 1994)

Opinion

December 15, 1994

Appeal from the Unemployment Insurance Appeal Board.


Upon review of the record, we find that there is substantial evidence to support the Board's decision that claimant left his position as a parking lot attendant without good cause for personal and noncompelling reasons. Significantly, claimant testified at his hearing that he left his employment because of a change in his work schedule and he knew that he was not being discharged. We note that the number of hours claimant was to work would have remained the same and claimant failed to demonstrate that his refusal to accede to the employer's proposed schedule change was based on any compelling circumstances. Accordingly, we find no reason to disturb the Board's decision.

Mikoll, J.P., Mercure, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

In re the Claim of De Jesus

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1994
210 A.D.2d 716 (N.Y. App. Div. 1994)
Case details for

In re the Claim of De Jesus

Case Details

Full title:In the Matter of the Claim of CARLOS DE JESUS, Appellant. JOHN F. HUDACS…

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

Date published: Dec 15, 1994

Citations

210 A.D.2d 716 (N.Y. App. Div. 1994)
621 N.Y.S.2d 932

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