In re the Claim of Gibbons

Appellate Division of the Supreme Court of New York

In re the Claim of Gibbons

243 A.D.2d 799, 665 N.Y.S.2d 338, 1997 N.Y. App. Div. LEXIS 9721

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

DecidedOctober 9, 1997

StatusPublished

This text of 243 A.D.2d 799 (In re the Claim of Gibbons) 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 Gibbons, 243 A.D.2d 799, 665 N.Y.S.2d 338, 1997 N.Y. App. Div. LEXIS 9721 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 22, 1996, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

On November 29, 1993, claimant, a real estate appraiser, was informed by the employer that her employment would be terminated on January 31, 1994. It was agreed, however, that claimant would not be assigned any more projects so that she could finish her existing assignments by her termination date. In mid-December 1993 claimant informed the employer of her intention to resign as soon as she had finished her outstanding assignments. With her work completed, claimant left her employment on December 22, 1993. She was subsequently found to be disqualified from receiving unemployment insurance benefits because she had voluntarily resigned without good cause. We affirm. Leaving a job in anticipation of discharge has been found to be a noncompelling reason for resigning (see, Matter of Izquierdo [Sweeney], 238 AD2d 654; Matter of Drechsler [Bretton Woods Homeowners Assn.—Hudacs], 197 [800]*800AD2d 739). Substantial evidence supports the Board’s finding that claimant could have continued working for the employer until the termination date but voluntarily chose not to do so. Claimant’s remaining arguments have been examined and found to be without merit.

Cardona, P. J., Mikoll, Crew III, White and Peters, 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 August 22, 1996, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

On November 29, 1993, claimant, a real estate appraiser, was informed by the employer that her employment would be terminated on January 31, 1994. It was agreed, however, that claimant would not be assigned any more projects so that she could finish her existing assignments by her termination date. In mid-December 1993 claimant informed the employer of her intention to resign as soon as she had finished her outstanding assignments. With her work completed, claimant left her employment on December 22, 1993. She was subsequently found to be disqualified from receiving unemployment insurance benefits because she had voluntarily resigned without good cause. We affirm. Leaving a job in anticipation of discharge has been found to be a noncompelling reason for resigning (see, Matter of Izquierdo [Sweeney], 238 AD2d 654; Matter of Drechsler [Bretton Woods Homeowners Assn.—Hudacs], 197 [800]*800AD2d 739). Substantial evidence supports the Board’s finding that claimant could have continued working for the employer until the termination date but voluntarily chose not to do so. Claimant’s remaining arguments have been examined and found to be without merit.

Cardona, P. J., Mikoll, Crew III, White and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

243 A.D.2d 799, 665 N.Y.S.2d 338, 1997 N.Y. App. Div. LEXIS 9721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gibbons-nyappdiv-1997.

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