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Matter of Mathison

Appellate Division of the Supreme Court of New York, Third Department
Apr 28, 1994
203 A.D.2d 832 (N.Y. App. Div. 1994)

Opinion

April 28, 1994

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a probation officer in the Dutchess County Probation Department. After an unsuccessful grievance of his transfer to a different office, claimant chose to forgo the arbitration option under his contract and filed an improper practice charge with the Public Employment Relations Board claiming, inter alia, that the transfer was in retaliation for his union activities. Claimant ultimately agreed to resign and discontinue his improper practice charge in exchange for a $14,000 payment from his employer for accrued sick and vacation leave. We find substantial evidence in the record to support the Unemployment Insurance Appeal Board's finding that claimant voluntarily left his employment because of his objection to the transfer and desire to take advantage of the employer's offer of a large cash payment, and that he was not compelled to leave because of threats of disciplinary action. We therefore affirm.

Cardona, P.J., White, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Mathison

Appellate Division of the Supreme Court of New York, Third Department
Apr 28, 1994
203 A.D.2d 832 (N.Y. App. Div. 1994)
Case details for

Matter of Mathison

Case Details

Full title:In the Matter of the Claim of CARL A. MATHISON, III, Appellant. COUNTY OF…

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

Date published: Apr 28, 1994

Citations

203 A.D.2d 832 (N.Y. App. Div. 1994)
611 N.Y.S.2d 357

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