In re the Claim of Christian

Appellate Division of the Supreme Court of New York

In re the Claim of Christian

69 A.D.3d 1094, 893 N.Y.2d 657

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

DecidedJanuary 14, 2010

StatusPublished

This text of 69 A.D.3d 1094 (In re the Claim of Christian) 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 Christian, 69 A.D.3d 1094, 893 N.Y.2d 657 (N.Y. Ct. App. 2010).

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Opinion

Substantial evidence supports the Unemployment Insurance Appeal Board’s determination that claimant voluntarily left her employment as a retail worker without good cause. Dissatisfac[1095]*1095tion with one’s rate of pay does not constitute good cause for leaving employment (see Matter of Kelly [A-l Tech., Inc.—Commissioner of Labor], 65 AD3d 1405, 1406 [2009]; Matter of Strader [Commissioner of Labor], 49 AD3d 1120, 1120 [2008]). Here, claimant admitted that she voluntarily left her job after she was informed that the transfer she accepted would result in a decrease in pay of 250 per hour. Under these circumstances, we find no reason to disturb the Board’s decision, particularly where, as here, continuing work was available.

Mercure, J.E, Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.

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Substantial evidence supports the Unemployment Insurance Appeal Board’s determination that claimant voluntarily left her employment as a retail worker without good cause. Dissatisfac[1095]*1095tion with one’s rate of pay does not constitute good cause for leaving employment (see Matter of Kelly [A-l Tech., Inc.—Commissioner of Labor], 65 AD3d 1405, 1406 [2009]; Matter of Strader [Commissioner of Labor], 49 AD3d 1120, 1120 [2008]). Here, claimant admitted that she voluntarily left her job after she was informed that the transfer she accepted would result in a decrease in pay of 250 per hour. Under these circumstances, we find no reason to disturb the Board’s decision, particularly where, as here, continuing work was available.

Mercure, J.E, Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

69 A.D.3d 1094, 893 N.Y.2d 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-christian-nyappdiv-2010.

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