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Matter of Decker

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1975
50 A.D.2d 1030 (N.Y. App. Div. 1975)

Opinion

December 23, 1975


Appeals from (1) a decision of the Unemployment Insurance Appeal Board, filed May 23, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective January 14, 1974 because he was not totally unemployed and (2) a decision of the appeal board, filed October 22, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective June 29, 1974 because he voluntarily left his employment without good cause. Claimant was president and sole stockholder of a real estate corporation and owned five rental properties in his own name. He participated in the business and in the rental and maintenance of his properties. The board's finding that he was not totally unemployed during the period involved is supported by substantial evidence. The board's finding that claimant voluntarily left his employment with Alron Industries, Inc., is likewise supported by substantial evidence. The record discloses that claimant, after a period of three months employment, demanded twice the salary he was receiving and, when this was refused, terminated his employment. Dissatisfaction with wages does not constitute good cause for leaving employment (Matter of Lubin [Catherwood], 34 A.D.2d 591). The question of claimant's job duties and responsibilities being altered by the employer is a factual one within the province of the board (Matter of Rubinstein [Catherwood], 33 A.D.2d 950). Decisions affirmed, without costs. Greenblott, J.P., Sweeney, Kane, Koreman and Main, JJ., concur.


Summaries of

Matter of Decker

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1975
50 A.D.2d 1030 (N.Y. App. Div. 1975)
Case details for

Matter of Decker

Case Details

Full title:In the Matter of the Claim of HARRY B. DECKER, Appellant. LOUIS L. LEVINE…

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

Date published: Dec 23, 1975

Citations

50 A.D.2d 1030 (N.Y. App. Div. 1975)

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