From Casetext: Smarter Legal Research

Matter of McGowan S. Beale

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1997
244 A.D.2d 674 (N.Y. App. Div. 1997)

Opinion

November 13, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a salesperson for a wine and liquor distributor, left his employment after accepting the employer's buy-out offer allowing him to take advantage of a package deal which included a cash payment, severance pay and medical coverage. The Unemployment Insurance Appeal Board ruled that claimant left his employment under disqualifying conditions. We affirm. Claimant testified that he accepted the buyout after his employer refused to give him additional accounts. Claimant admitted, however, that had he not accepted the buy-out, he would have had continuing work available to him with his existing accounts. Under these circumstances, we find that substantial evidence supports the Board's ruling that claimant voluntarily left his employment without good cause and, accordingly, affirm ( see, Matter of Paul [New York City Bd. of Educ. — Sweeney], 242 A.D.2d 767; Matter of Russo [Sweeney], 235 A.D.2d 895).

Mikoll, J.P., Mercure, Crew III, White and Casey, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of McGowan S. Beale

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1997
244 A.D.2d 674 (N.Y. App. Div. 1997)
Case details for

Matter of McGowan S. Beale

Case Details

Full title:In the Matter of the Claim of McGOWAN S. BEALE, Appellant. JOHN E…

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

Date published: Nov 13, 1997

Citations

244 A.D.2d 674 (N.Y. App. Div. 1997)
663 N.Y.S.2d 737

Citing Cases

In re Claim Hotaling

Initially, although the Unemployment Insurance Appeal Board rescinded the decision of October 3, 2002 on…

Cammisa v. Comm. of Labor

We affirm. Quitting one's job to accept a severance or early retirement package when continuing work is…