In re the Claim of Ballnus

Appellate Division of the Supreme Court of New York

In re the Claim of Ballnus

51 A.D.2d 1095, 381 N.Y.S.2d 539, 1976 N.Y. App. Div. LEXIS 11946

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

DecidedMarch 25, 1976

StatusPublished

This text of 51 A.D.2d 1095 (In re the Claim of Ballnus) 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 of Ballnus, 51 A.D.2d 1095, 381 N.Y.S.2d 539, 1976 N.Y. App. Div. LEXIS 11946 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 21, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground she voluntarily left her employment without good cause. Claimant worked the night shift as a telephone operator for an answering service concern for about three weeks when she quit. She testified that the coemployee assigned to break her in had another full-time job and often fell asleep during the night shift. Claimant maintained that this conduct of the coemployee made the workload too difficult, and so she quit. The board found that there was no evidence that the employer was dissatisfied with claimant’s work performance and determined that her' quitting because she was dissatisfied constituted leaving employment for personal and noncompelling reasons and disqualified her from receiving benefits. There is substantial evidence in the record to sustain the board’s determination and we should not disturb it. Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

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 February 21, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground she voluntarily left her employment without good cause. Claimant worked the night shift as a telephone operator for an answering service concern for about three weeks when she quit. She testified that the coemployee assigned to break her in had another full-time job and often fell asleep during the night shift. Claimant maintained that this conduct of the coemployee made the workload too difficult, and so she quit. The board found that there was no evidence that the employer was dissatisfied with claimant’s work performance and determined that her' quitting because she was dissatisfied constituted leaving employment for personal and noncompelling reasons and disqualified her from receiving benefits. There is substantial evidence in the record to sustain the board’s determination and we should not disturb it. Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 1095, 381 N.Y.S.2d 539, 1976 N.Y. App. Div. LEXIS 11946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-ballnus-nyappdiv-1976.