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Matter of the Claim of Perkins

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 1004 (N.Y. App. Div. 2003)

Opinion

92264

January 30, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 24, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Rodney Perkins, Los Angeles, California, appellant pro se.

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

Before: Mercure, J.P., Crew III, Peters, Spain and, Carpinello, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left his employment as an assistant engineer without good cause. According to statements made to the Department of Labor, claimant indicated that he was dissatisfied with his employment because he was stagnating due to the lack of training needed to obtain certification in his field. It is well settled that dissatisfaction with general working conditions does not constitute good cause for leaving employment (see Matter of Ruballo [Commissioner of Labor], 286 A.D.2d 817; Matter of Murray [Sweeney], 244 A.D.2d 649). Although claimant testified that he resigned because his job performance had been unsatisfactory and he anticipated that he would be discharged, this too does not constitute good cause within the meaning of the Labor Law (see Matter of Prusch [Shenendehowa Cent. School Dist. — Commissioner of Labor], 259 A.D.2d 877, lv denied 93 N.Y.2d 816).

Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Perkins

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 1004 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Perkins

Case Details

Full title:In the Matter of the Claim of RODNEY PERKINS, Appellant. COMMISSIONER OF…

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

Date published: Jan 30, 2003

Citations

301 A.D.2d 1004 (N.Y. App. Div. 2003)
753 N.Y.S.2d 410