In re the Claim of Bates

Appellate Division of the Supreme Court of New York

In re the Claim of Bates

218 A.D.2d 891, 630 N.Y.S.2d 417, 1995 N.Y. App. Div. LEXIS 8643

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

DecidedAugust 10, 1995

StatusPublished

This text of 218 A.D.2d 891 (In re the Claim of Bates) 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 Bates, 218 A.D.2d 891, 630 N.Y.S.2d 417, 1995 N.Y. App. Div. LEXIS 8643 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 1994, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance [892]*892benefits because he voluntarily left his employment without good cause.

Claimant was employed as a food service worker. He informed the employer that he would be returning to school and could only work part-time. Subsequently, it was agreed that claimant would be replaced as the job was a full-time position. Although claimant left employment, he did not enter school and was consequently available for full-time employment. We find that these facts support the Board’s decision that claimant voluntarily left his employment without good cause.

Cardona, P. J., Mikoll, Mercure, Casey and Peters, 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 October 4, 1994, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance [892]*892benefits because he voluntarily left his employment without good cause.

Claimant was employed as a food service worker. He informed the employer that he would be returning to school and could only work part-time. Subsequently, it was agreed that claimant would be replaced as the job was a full-time position. Although claimant left employment, he did not enter school and was consequently available for full-time employment. We find that these facts support the Board’s decision that claimant voluntarily left his employment without good cause.

Cardona, P. J., Mikoll, Mercure, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

218 A.D.2d 891, 630 N.Y.S.2d 417, 1995 N.Y. App. Div. LEXIS 8643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bates-nyappdiv-1995.