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Matter of Nalick

Appellate Division of the Supreme Court of New York, Third Department
Oct 9, 1997
243 A.D.2d 809 (N.Y. App. Div. 1997)

Opinion

October 9, 1997

Appeal from a decision of the Unemployment Insurance Appeal Board.


Claimant was employed as an accounts payable clerk for an insurance company. After receiving a highly critical performance evaluation, she resigned to forestall being discharged. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she left her employment for personal, noncompelling reasons. We affirm. Criticism of an individual's job performance has been found not to constitute good cause for leaving employment ( see, Matter of Ehrenberg [Doubleday Book Music Clubs — Hudacs], 197 A.D.2d 734) as has resigning in order to avoid being fired ( see, Matter of Wilson [Sweeney], 223 A.D.2d 903). To the extent that claimant's testimony regarding the events that led to her resignation is at variance with that presented by the employer, this discrepancy raised an issue of credibility for resolution by the Board ( see, Matter of Ferrugia [AAA Acc. Ins. — Sweeney], 233 A.D.2d 742).

Mikoll, J.P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Nalick

Appellate Division of the Supreme Court of New York, Third Department
Oct 9, 1997
243 A.D.2d 809 (N.Y. App. Div. 1997)
Case details for

Matter of Nalick

Case Details

Full title:In the Matter of the Claim of BRENDA J. NALICK, Appellant. BROOK PLAZA…

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

Date published: Oct 9, 1997

Citations

243 A.D.2d 809 (N.Y. App. Div. 1997)
665 N.Y.S.2d 333