In re the Claim of Gaston

Appellate Division of the Supreme Court of New York

In re the Claim of Gaston

87 A.D.3d 778, 927 N.Y.2d 808

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

DecidedAugust 4, 2011

StatusPublished

This text of 87 A.D.3d 778 (In re the Claim of Gaston) 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 Gaston, 87 A.D.3d 778, 927 N.Y.2d 808 (N.Y. Ct. App. 2011).

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Opinion

Claimant was employed as a building maintenance worker for the employer for approximately two months when his supervisor noticed him standing in a building lobby with an unlit cigarette in his mouth and reprimanded him. Upset at the manner in which he had been addressed, claimant left the job site and never returned to his employment. The Unemployment Insurance Appeal Board denied claimant’s request for unemployment insurance benefits and he now appeals.

We affirm. The Board credited claimant’s version of events and, because criticism from an employer does not constitute good cause for leaving employment, we find that substantial evidence supports the Board’s decision to deny benefits (see Matter of LoRusso [Commissioner of Labor], 68 AD3d 1317, 1317 [2009]; Matter of Soto-Harold [Commissioner of Labor], 55 AD3d 1119, 1120 [2008]).

Mercure, J.E, Spain, Malone Jr., Stein and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.

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Claimant was employed as a building maintenance worker for the employer for approximately two months when his supervisor noticed him standing in a building lobby with an unlit cigarette in his mouth and reprimanded him. Upset at the manner in which he had been addressed, claimant left the job site and never returned to his employment. The Unemployment Insurance Appeal Board denied claimant’s request for unemployment insurance benefits and he now appeals.

We affirm. The Board credited claimant’s version of events and, because criticism from an employer does not constitute good cause for leaving employment, we find that substantial evidence supports the Board’s decision to deny benefits (see Matter of LoRusso [Commissioner of Labor], 68 AD3d 1317, 1317 [2009]; Matter of Soto-Harold [Commissioner of Labor], 55 AD3d 1119, 1120 [2008]).

Mercure, J.E, Spain, Malone Jr., Stein and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

87 A.D.3d 778, 927 N.Y.2d 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gaston-nyappdiv-2011.

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