In re the Claim Bielanin

Appellate Division of the Supreme Court of New York

In re the Claim Bielanin

207 A.D.2d 931, 616 N.Y.S.2d 560, 1994 N.Y. App. Div. LEXIS 8812

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 15, 1994

StatusPublished

This text of 207 A.D.2d 931 (In re the Claim Bielanin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim Bielanin, 207 A.D.2d 931, 616 N.Y.S.2d 560, 1994 N.Y. App. Div. LEXIS 8812 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

On his last day of employment, claimant learned that he had failed his physical and therefore would not be permitted to enter the Air Force Reserves as he had planned. Nevertheless, he still quit his job. Claimant’s employer testified that claimant never informed him that there was no longer a need to resign. He also testified that claimant could have continued working. Claimant’s testimony to the contrary merely pre[932]*932sented a question of credibility for the Board to resolve. Under the circumstances, substantial evidence exists in the record to support the decision that claimant voluntarily left his employment without good cause.

Mikoll, J. P., Mercure, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

On his last day of employment, claimant learned that he had failed his physical and therefore would not be permitted to enter the Air Force Reserves as he had planned. Nevertheless, he still quit his job. Claimant’s employer testified that claimant never informed him that there was no longer a need to resign. He also testified that claimant could have continued working. Claimant’s testimony to the contrary merely pre[932]*932sented a question of credibility for the Board to resolve. Under the circumstances, substantial evidence exists in the record to support the decision that claimant voluntarily left his employment without good cause.

Mikoll, J. P., Mercure, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

207 A.D.2d 931, 616 N.Y.S.2d 560, 1994 N.Y. App. Div. LEXIS 8812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-bielanin-nyappdiv-1994.