From Casetext: Smarter Legal Research

Matter of Moore

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2006
32 A.D.3d 1088 (N.Y. App. Div. 2006)

Opinion

500150.

September 21, 2006.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 23, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Thomas E. Moore, Albany, appellant pro se.

Nolan Heller, L.L.P., Albany (Francis J. Brennan of counsel), for New York Press and Graphics, Inc., respondent.

Eliot Spitzer, Attorney General, New York City (Gary Leibowitz of counsel), for Commissioner of Labor, respondent.

Before: Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ.


Claimant was hired by a publishing company to work in its warehouse and as a courier. After only a few weeks, he stopped reporting and left a telephone message stating that he would not be returning to work. Claimant explained that he quit the job because he could not afford the increase in his automobile insurance premium resulting from the use of his personal vehicle for deliveries. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that he voluntarily left his employment without good cause. He now appeals.

We affirm. At the time that he accepted the job, claimant knew that he was required to use his personal vehicle for deliveries and that there would be an increase in his automobile insurance premium. He nevertheless took the job hoping that he could obtain affordable insurance. Under these circumstances, substantial evidence supports the Board's finding that claimant left his job for personal and noncompelling reasons amounting essentially to his dissatisfaction with a term of his employment ( see e.g. Matter of Giordano [Commissioner of Labor], 19 AD3d 801, 801; Matter of Conners [Commissioner of Labor], 9 AD3d 703, 704, lv denied 3 NY3d 609, cert denied 544 US 1034; Matter of Rose [Commissioner of Labor], 6 AD3d 951, 951).

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Moore

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2006
32 A.D.3d 1088 (N.Y. App. Div. 2006)
Case details for

Matter of Moore

Case Details

Full title:In the Matter of the Claim of THOMAS E. MOORE, Appellant. NEW YORK PRESS…

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

Date published: Sep 21, 2006

Citations

32 A.D.3d 1088 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6521
821 N.Y.S.2d 295

Citing Cases

Brown v. Express Delivery LLC

her driver and that he had entered into a written employment agreement whereby he agreed to provide his own…

Brown v. Express Delivery LLC

Further, and importantly, he also agreed that if the vehicle became disabled, he would replace it…