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Matter of the Claim of Dunster

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2003
304 A.D.2d 1015 (N.Y. App. Div. 2003)

Opinion

92697

April 17, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 30, 2002, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Orion E. Dunster, Oneida, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Before: Cardona, P.J., Mercure, Peters, Carpinello and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left his employment as a night auditor and desk clerk at a motel without good cause. Claimant testified that he quit his job because he was dissatisfied with the management's handling of guest complaints which were caused by coworkers failing to adequately perform their job responsibilities. Although the stress caused claimant to feel it necessary to take nitroglycerin tablets in order to prevent angina attacks, he admitted that he was never advised by a physician to leave his employment (see Matter of Lonczynski [Commissioner of Labor], 252 A.D.2d 645; Matter of Krinsky [Sweeney], 238 A.D.2d 659; Matter of Aronson [Hudacs], 194 A.D.2d 1046) and waited two months after he quit to consult with a physician. Furthermore, to the extent that claimant quit because he was stressed and frustrated with his coworkers' performance and the management's handling of complaints, neither inability to get along with a coworker (see Matter of Gatza [Sweeney], 247 A.D.2d 747) nor disagreement with the employer's method of conducting business constitutes good cause for leaving employment (see Matter of Collins [Sweeney], 239 A.D.2d 758; Matter of Black [Hartnett], 168 A.D.2d 728).

Cardona, P.J., Mercure, Peters, Carpinello and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Dunster

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2003
304 A.D.2d 1015 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Dunster

Case Details

Full title:In the Matter of the Claim of ORION E. DUNSTER, Appellant. COMMISSIONER OF…

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

Date published: Apr 17, 2003

Citations

304 A.D.2d 1015 (N.Y. App. Div. 2003)
760 N.Y.S.2d 240

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