In re the Claim of Bell

Appellate Division of the Supreme Court of New York

In re the Claim of Bell

227 A.D.2d 712, 641 N.Y.S.2d 468, 1996 N.Y. App. Div. LEXIS 4730

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

DecidedMay 2, 1996

StatusPublished

Cited by1 cases

This text of 227 A.D.2d 712 (In re the Claim of Bell) 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 Bell, 227 A.D.2d 712, 641 N.Y.S.2d 468, 1996 N.Y. App. Div. LEXIS 4730 (N.Y. Ct. App. 1996).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 3, 1995, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant resigned from his position as a part-time technology teacher for a public school district. Although he initially collected unemployment insurance benefits, the Board subsequently disqualified him from receiving such benefits upon finding that he voluntarily left his employment without good cause. In addition, the Board charged him with a recoverable overpayment of benefits and reduced his right to receive future benefits. Upon reviewing the record, we find that substantial evidence supports the Board’s decision. At the hearing, claimant stated that he resigned from his position because he did not feel he was doing an effective job of teaching the students and was having a difficult time communicating. Although the district found a teacher to replace claimant shortly after claimant announced his desire to resign, there is nothing in the record to suggest that the district requested his resignation. Accordingly, we find no reason to disturb the Board’s decision.

Cardona, P. J., Mikoll, Crew III, 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 March 3, 1995, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant resigned from his position as a part-time technology teacher for a public school district. Although he initially collected unemployment insurance benefits, the Board subsequently disqualified him from receiving such benefits upon finding that he voluntarily left his employment without good cause. In addition, the Board charged him with a recoverable overpayment of benefits and reduced his right to receive future benefits. Upon reviewing the record, we find that substantial evidence supports the Board’s decision. At the hearing, claimant stated that he resigned from his position because he did not feel he was doing an effective job of teaching the students and was having a difficult time communicating. Although the district found a teacher to replace claimant shortly after claimant announced his desire to resign, there is nothing in the record to suggest that the district requested his resignation. Accordingly, we find no reason to disturb the Board’s decision.

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

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Bluebook (online)

227 A.D.2d 712, 641 N.Y.S.2d 468, 1996 N.Y. App. Div. LEXIS 4730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bell-nyappdiv-1996.

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