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Matter of the Claim of Kunzler

Appellate Division of the Supreme Court of New York, Third Department
Sep 12, 2002
297 A.D.2d 846 (N.Y. App. Div. 2002)

Opinion

91125

September 12, 2002.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 15, 2001, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Michael R. Bressler, New York City, for appellant.

Kramer, Levin, Naftalis Frankle, New York City (Susan Jacquemot of counsel), for Hudson Guild, respondent.

Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee of counsel), for Commissioner of Labor, respondent.

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


MEMORANDUM AND ORDER


The employer is a not-for-profit corporation that distributes funds to social service programs in New York City. It hired claimant to work as a financial manager in its accounting department to straighten out problems with the employer's books. After four months of employment, claimant resigned because she disagreed with the employer's financial practices and was concerned that her reputation would be tarnished by her association with an organization that made unprofessional billing errors. The Unemployment Insurance Appeal Board ruled that claimant's reasons for resigning were personal and noncompelling, thereby disqualifying her from the receipt of unemployment insurance benefits.

Substantial evidence supports the Board's decision. At the administrative hearing, claimant's supervisor acknowledged that certain bookkeeping errors had been made; however, she testified that the mistakes were unintentional and the staff was actively engaged in remedying them. She also testified that the employer's funding was monitored through annual audits and the employer never lost any funding nor was fined as a result of mismanagement. Notably, claimant presented no evidence of misconduct on the employer's part. Furthermore, she conceded in her hearing testimony that the employer did not ask her to do anything illegal or inappropriate (see Matter of Fumia [Nothnagle Home Sec. — Sweeney], 222 A.D.2d 923, 924; Matter of Frenya [Sweeney], 212 A.D.2d 921) . Inasmuch as substantial evidence supports the Board's ruling that claimant left her employment for personal and noncompelling reasons, its decision disqualifying claimant from receiving benefits need not be disturbed.

Crew III, Peters, Carpinello and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Kunzler

Appellate Division of the Supreme Court of New York, Third Department
Sep 12, 2002
297 A.D.2d 846 (N.Y. App. Div. 2002)
Case details for

Matter of the Claim of Kunzler

Case Details

Full title:In the Matter of the Claim of ANNE-MARIE A. KUNZLER, Appellant. HUDSON…

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

Date published: Sep 12, 2002

Citations

297 A.D.2d 846 (N.Y. App. Div. 2002)
747 N.Y.S.2d 57

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