In re the Claim of Basciano

Appellate Division of the Supreme Court of New York

In re the Claim of Basciano

112 A.D.3d 1042, 975 N.Y.S.2d 928

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

DecidedDecember 5, 2013

StatusPublished

This text of 112 A.D.3d 1042 (In re the Claim of Basciano) 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 Basciano, 112 A.D.3d 1042, 975 N.Y.S.2d 928 (N.Y. Ct. App. 2013).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 21, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, a credit manager, notified the employer that he was overwhelmed and was going to look for other work. He further agreed to leave when his replacement was hired, even if he had not yet secured a new job. Claimant’s replacement began working approximately two weeks later, marking the end of his employment. Inasmuch as claimant agreed to leave his position even if he lacked a definite plan for future employment, substantial evidence supports the determination of the Unemployment Insurance Appeal Board disqualifying him from receiving unemployment insurance benefits (see Matter of Solano [Commissioner of Labor], 50 AD3d 1425, 1426 [2008]; Matter of Kennedy [Commissioner of Labor], 294 AD2d 700, 700 [2002]).

Lahtinen, J.P., Stein, McCarthy and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 21, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, a credit manager, notified the employer that he was overwhelmed and was going to look for other work. He further agreed to leave when his replacement was hired, even if he had not yet secured a new job. Claimant’s replacement began working approximately two weeks later, marking the end of his employment. Inasmuch as claimant agreed to leave his position even if he lacked a definite plan for future employment, substantial evidence supports the determination of the Unemployment Insurance Appeal Board disqualifying him from receiving unemployment insurance benefits (see Matter of Solano [Commissioner of Labor], 50 AD3d 1425, 1426 [2008]; Matter of Kennedy [Commissioner of Labor], 294 AD2d 700, 700 [2002]).

Lahtinen, J.P., Stein, McCarthy and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

112 A.D.3d 1042, 975 N.Y.S.2d 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-basciano-nyappdiv-2013.

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