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Matter of Torres

Appellate Division of the Supreme Court of New York, Third Department
Jul 14, 1997
241 A.D.2d 743 (N.Y. App. Div. 1997)

Opinion

July 14, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant worked as a dispatcher's aide for a security company until he left his employment, ostensibly to elude a co-worker and his associates who were threatening claimant due to his failure to repay a loan. Substantial evidence supports the ruling of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he left his employment for personal and noncompelling reasons. While fear for one's safety may constitute reasonable cause for resigning, the record in this matter does not support claimant's contention that his physical well-being would have been jeopardized by continuing his employment (see, Matter of Hughes [Hartnett], 198 A.D.2d 647, lv denied 83 N.Y.2d 751; see also, Matter of Pegas [Loral Elec. Sys. — Sweeney], 228 A.D.2d 761). Moreover, the record indicates that claimant was at least partially responsible for his predicament and made no effort to enlist the aid of his employer (see, Matter of Konjevic [Ross], 80 A.D.2d 696). The Board's finding of disqualification is, accordingly, affirmed.

Mikoll, J. P., Mercure, Casey, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Torres

Appellate Division of the Supreme Court of New York, Third Department
Jul 14, 1997
241 A.D.2d 743 (N.Y. App. Div. 1997)
Case details for

Matter of Torres

Case Details

Full title:In the Matter of the Claim of ISRAEL TORRES, Appellant. JOHN E. SWEENEY…

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

Date published: Jul 14, 1997

Citations

241 A.D.2d 743 (N.Y. App. Div. 1997)
660 N.Y.S.2d 192

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