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Matter of Sawastynowicz

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1992
182 A.D.2d 926 (N.Y. App. Div. 1992)

Opinion

April 9, 1992

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a secretary in a real estate office, quit her job when she learned that her employer submitted a competing bid in the name of his mother-in-law for the purchase of real property for which claimant and her sister had entered a bid. Claimant contends that, as a result of her employer's conduct, she felt that she was not treated with dignity and respect and, therefore, she had good cause to leave her employment. We find, however, that there is substantial evidence to support the conclusion of the Unemployment Insurance Appeal Board that personal and noncompelling reasons caused claimant to quit her job while work was still available, thus disqualifying her from receiving unemployment insurance benefits (see, Matter of Sillan [French Tel. Cable Co. — Levine], 53 A.D.2d 719; Matter of Logan [Levine], 52 A.D.2d 679, lv denied 39 N.Y.2d 709). In addition, dissatisfaction with or not getting along with one's boss does not constitute good cause for leaving one's employment (see, Matter of Grossman [Levine], 51 A.D.2d 853; Matter of Snapperman [Levine], 50 A.D.2d 1029). To the extent that the testimony of claimant and her employer differ with respect to the circumstances leading up to claimant's resignation, a credibility question was presented which was within the sole province of the Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, 791, appeal dismissed 74 N.Y.2d 714).

Weiss, P.J., Mikoll, Mercure and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Sawastynowicz

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1992
182 A.D.2d 926 (N.Y. App. Div. 1992)
Case details for

Matter of Sawastynowicz

Case Details

Full title:In the Matter of the Claim of SUSAN SAWASTYNOWICZ, Appellant. JOHN F…

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

Date published: Apr 9, 1992

Citations

182 A.D.2d 926 (N.Y. App. Div. 1992)
581 N.Y.S.2d 699

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