In re the Claim of Del Grosso

Appellate Division of the Supreme Court of New York

In re the Claim of Del Grosso

217 A.D.2d 873, 629 N.Y.S.2d 549, 1995 N.Y. App. Div. LEXIS 8135

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

DecidedJuly 27, 1995

StatusPublished

Cited by4 cases

This text of 217 A.D.2d 873 (In re the Claim of Del Grosso) 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 Del Grosso, 217 A.D.2d 873, 629 N.Y.S.2d 549, 1995 N.Y. App. Div. LEXIS 8135 (N.Y. Ct. App. 1995).

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Opinion

Cardona, P. J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits ruse he voluntarily left his employment without good cause.

[874]*874The Unemployment Insurance Appeal Board found that claimant, a carpenter for the New York City Department of Transportation, was laid off for budgetary reasons shortly after declining a transfer to a different agency. Claimant had previously been informed that his job had been targeted for layoff. The transfer involved no reduction in salary although there was an extension of claimant’s probationary period. The Board rejected claimant’s contentions that the extension of probation was a material change in the condition of his employment so as to justify his refusing the transfer or that claimant was not given a specific date as to when his job would end.

Under the circumstances and given the record before us, there is substantial evidence to support the Board’s conclusion that claimant chose to be laid off instead of taking the transfer and, therefore, voluntarily left his job without good cause (cf., Matter of Bus [Bethlehem Steel Corp.—Catherwood], 37 AD2d 98, affd on opn below 32 NY2d 955). Claimant’s contentions primarily raise questions of fact and credibility which were for the Board to resolve (see, Matter of Baker [Hartnett], 147 AD2d 790, appeal dismissed 74 NY2d 714). We have considered claimant’s remaining arguments and have rejected them as lacking in merit.

Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Cardona, P. J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits ruse he voluntarily left his employment without good cause.

[874]*874The Unemployment Insurance Appeal Board found that claimant, a carpenter for the New York City Department of Transportation, was laid off for budgetary reasons shortly after declining a transfer to a different agency. Claimant had previously been informed that his job had been targeted for layoff. The transfer involved no reduction in salary although there was an extension of claimant’s probationary period. The Board rejected claimant’s contentions that the extension of probation was a material change in the condition of his employment so as to justify his refusing the transfer or that claimant was not given a specific date as to when his job would end.

Under the circumstances and given the record before us, there is substantial evidence to support the Board’s conclusion that claimant chose to be laid off instead of taking the transfer and, therefore, voluntarily left his job without good cause (cf., Matter of Bus [Bethlehem Steel Corp.—Catherwood], 37 AD2d 98, affd on opn below 32 NY2d 955). Claimant’s contentions primarily raise questions of fact and credibility which were for the Board to resolve (see, Matter of Baker [Hartnett], 147 AD2d 790, appeal dismissed 74 NY2d 714). We have considered claimant’s remaining arguments and have rejected them as lacking in merit.

Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

217 A.D.2d 873, 629 N.Y.S.2d 549, 1995 N.Y. App. Div. LEXIS 8135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-del-grosso-nyappdiv-1995.

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