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Matter of Kohlmeyer

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 1975
50 A.D.2d 705 (N.Y. App. Div. 1975)

Opinion

November 26, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 22, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner that claimant was disqualified from receiving benefits effective December 16, 1974 because he voluntarily left his employment without good cause. After indicating on his application for unemployment insurance benefits that he left his employment because he did not receive a raise in salary, claimant testified at his hearing that he left for reasons of health. Significantly, claimant did not discuss his salary with the employer before leaving, and testified that he couldn't swear to it, but he thought he had been promised a raise. In addition, there is no medical evidence as to limitations on claimant's working hours, and he never asked the employer to reduce his work week from six to five days. The board's decision is supported by substantial evidence, and should be affirmed. Decision affirmed, without costs. Herlihy, P.J., Greenblott, Koreman, Main and Reynolds, JJ., concur.


Summaries of

Matter of Kohlmeyer

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 1975
50 A.D.2d 705 (N.Y. App. Div. 1975)
Case details for

Matter of Kohlmeyer

Case Details

Full title:In the Matter of the Claim of JOHN KOHLMEYER, Appellant. LOUIS L. LEVINE…

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

Date published: Nov 26, 1975

Citations

50 A.D.2d 705 (N.Y. App. Div. 1975)