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Matter of Guthrie

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 714 (N.Y. App. Div. 1998)

Opinion

July 9, 1998

Appeal from the Unemployment Insurance Appeal Board.


In addition to his full-time job, claimant had a part-time position as a weekend night auditor at a hotel. Claimant notified the hotel that he was resigning for personal reasons but agreed to continue working until a replacement was hired. When a replacement was found on May 28, 1997, claimant was advised that his last day of employment would be June 8, 1997. Although claimant was terminated from his full-time job on May 29, 1997 for violating company policy, he declined the ensuing offer to continue his part-time employment at the hotel beyond June 8, 1997. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. We affirm. A claimant who voluntarily leaves his or her "last employment" without good cause is disqualified from receiving unemployment insurance benefits (Labor Law § 593 Lab. [1]; see generally, Matter of Gruber [New York City Dept. of Personnel — Sweeney], 89 N.Y.2d 225). Here, claimant's last employment was with the hotel, and the fact that he no longer wanted to work on weekends did not constitute good cause for leaving. Claimant's remaining contentions have been reviewed and found to be lacking in merit.

Mercure, J. P., Crew III, Peters, Spain and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Guthrie

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 714 (N.Y. App. Div. 1998)
Case details for

Matter of Guthrie

Case Details

Full title:In the Matter of the Claim of DUANE J. GUTHRIE, Appellant. COMMISSIONER OF…

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

Date published: Jul 9, 1998

Citations

252 A.D.2d 714 (N.Y. App. Div. 1998)
675 N.Y.S.2d 669