In re the Claim of Comerato

Appellate Division of the Supreme Court of New York

In re the Claim of Comerato

52 A.D.2d 965, 382 N.Y.S.2d 859, 1976 N.Y. App. Div. LEXIS 12836

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

DecidedMay 6, 1976

StatusPublished

Cited by1 cases

This text of 52 A.D.2d 965 (In re the Claim of Comerato) 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 Comerato, 52 A.D.2d 965, 382 N.Y.S.2d 859, 1976 N.Y. App. Div. LEXIS 12836 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 30, 1975, which overruled the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. Claimant was employed as an intermediate clerk in a bank’s collection department. As a result of a general reduction in the work force, she was advised she would be transferred to the bookkeeping department at no reduction in salary. This position was the only available vacancy at the time and, although it involved duties different from her current assignment, it [966]*966entailed work similar to that performed by claimant earlier in her. employment at the bank. Claimant contended the transfer was a demotion and was not the type of work in"'which she could utilize her skills. Accordingly, she resigned. The board has determined she left her employment for personal and noncompelling reasons, without good cause, resulting in a denial of benefits. Substantial evidence supports that determination and it must be affirmed (Matter of Malnic [Catherwood], 20 AD2d 583). Decision affirmed, without costs. Sweeney, J. P., Kane, Mahoney, Main and Reynolds, 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 September 30, 1975, which overruled the decision of a referee and sustained the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. Claimant was employed as an intermediate clerk in a bank’s collection department. As a result of a general reduction in the work force, she was advised she would be transferred to the bookkeeping department at no reduction in salary. This position was the only available vacancy at the time and, although it involved duties different from her current assignment, it [966]*966entailed work similar to that performed by claimant earlier in her. employment at the bank. Claimant contended the transfer was a demotion and was not the type of work in"'which she could utilize her skills. Accordingly, she resigned. The board has determined she left her employment for personal and noncompelling reasons, without good cause, resulting in a denial of benefits. Substantial evidence supports that determination and it must be affirmed (Matter of Malnic [Catherwood], 20 AD2d 583). Decision affirmed, without costs. Sweeney, J. P., Kane, Mahoney, Main and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

52 A.D.2d 965, 382 N.Y.S.2d 859, 1976 N.Y. App. Div. LEXIS 12836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-comerato-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack