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Matter of Muzzio

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1976
51 A.D.2d 605 (N.Y. App. Div. 1976)

Opinion

January 8, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 16, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. Claimant left her employment when she was transferred from one job assignment to another. The record shows that, when first hired, claimant was advised that job assignments might be rotated. The question of whether good cause exists for separation from employment within the meaning of subdivision 1 of section 593 Lab. of the Labor Law is a factual one solely within the board's province (Matter of Famulare [Catherwood], 34 A.D.2d 705). Since the record shows that the claimant was advised of the possibility that jobs would be rotated and since claimant was to be paid at the same rate, there was substantial evidence to support the board's decision and it should be affirmed. Decision affirmed, without costs. Sweeney, J.P., Kane, Main, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Muzzio

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1976
51 A.D.2d 605 (N.Y. App. Div. 1976)
Case details for

Matter of Muzzio

Case Details

Full title:In the Matter of the Claim of JEAN MUZZIO, Appellant. LOUIS L. LEVINE, as…

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

Date published: Jan 8, 1976

Citations

51 A.D.2d 605 (N.Y. App. Div. 1976)