In re the Claim of Del Mare

Appellate Division of the Supreme Court of New York

In re the Claim of Del Mare

176 A.D.2d 422, 574 N.Y.S.2d 410, 1991 N.Y. App. Div. LEXIS 12103

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

DecidedSeptember 26, 1991

StatusPublished

This text of 176 A.D.2d 422 (In re the Claim of Del Mare) 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 Mare, 176 A.D.2d 422, 574 N.Y.S.2d 410, 1991 N.Y. App. Div. LEXIS 12103 (N.Y. Ct. App. 1991).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 24, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

When claimant filed his claim for unemployment insurance benefits, he stated that he left his job to relocate to California to accept a position which did not materialize. It was not until the hearing before the Administrative Law Judge that he contended that, under Public Officers Law § 73, he was forced to resign because of his previous employment with the Department of Transportation. This merely presented a question of credibility which was for the Unemployment Insurance Appeal Board to resolve (see, Matter of Figueroa [Levine], 53 AD2d 792). In any event, the facts of this case reveal no violation of law if claimant had continued his employment as director of maintenance for the employer, a bus company, and his claim that he was so advised finds no support in the record. Under these circumstances, the conclusion by the Board that claimant left his job voluntarily without a positive job to go to and without good cause is supported by substantial evidence and must be upheld (see, Matter of Behnke [White Carriage Corp. — Roberts] 97 AD2d 679).

Mahoney, P. J., Casey, Yesawich Jr. and Mercure, 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 April 24, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

When claimant filed his claim for unemployment insurance benefits, he stated that he left his job to relocate to California to accept a position which did not materialize. It was not until the hearing before the Administrative Law Judge that he contended that, under Public Officers Law § 73, he was forced to resign because of his previous employment with the Department of Transportation. This merely presented a question of credibility which was for the Unemployment Insurance Appeal Board to resolve (see, Matter of Figueroa [Levine], 53 AD2d 792). In any event, the facts of this case reveal no violation of law if claimant had continued his employment as director of maintenance for the employer, a bus company, and his claim that he was so advised finds no support in the record. Under these circumstances, the conclusion by the Board that claimant left his job voluntarily without a positive job to go to and without good cause is supported by substantial evidence and must be upheld (see, Matter of Behnke [White Carriage Corp. — Roberts] 97 AD2d 679).

Mahoney, P. J., Casey, Yesawich Jr. and Mercure, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

176 A.D.2d 422, 574 N.Y.S.2d 410, 1991 N.Y. App. Div. LEXIS 12103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-del-mare-nyappdiv-1991.

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