In re the Claim of Gonyea

Appellate Division of the Supreme Court of New York

In re the Claim of Gonyea

211 A.D.2d 939, 621 N.Y.S.2d 230, 1995 N.Y. App. Div. LEXIS 220

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

DecidedJanuary 12, 1995

StatusPublished

Cited by2 cases

This text of 211 A.D.2d 939 (In re the Claim of Gonyea) 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 Gonyea, 211 A.D.2d 939, 621 N.Y.S.2d 230, 1995 N.Y. App. Div. LEXIS 220 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 29, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s determination that claimant voluntarily left her position as a department store sales clerk without good cause. The record indicates that claimant’s employer had made a reasonable request by asking her to work a different shift for a single day at a job location claimant had worked at before. Claimant refused to work the requested hours and, after arguing with her supervisor, quit her job. Notably, the change in claimant’s shift did not affect either her total hours or her salary. Under the circumstances, we find no reason to disturb the Board’s factual finding that claimant left her position for noncompelling reasons.

Cardona, P. J., Crew III, Casey, Yesawich Jr. 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 October 29, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s determination that claimant voluntarily left her position as a department store sales clerk without good cause. The record indicates that claimant’s employer had made a reasonable request by asking her to work a different shift for a single day at a job location claimant had worked at before. Claimant refused to work the requested hours and, after arguing with her supervisor, quit her job. Notably, the change in claimant’s shift did not affect either her total hours or her salary. Under the circumstances, we find no reason to disturb the Board’s factual finding that claimant left her position for noncompelling reasons.

Cardona, P. J., Crew III, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

211 A.D.2d 939, 621 N.Y.S.2d 230, 1995 N.Y. App. Div. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gonyea-nyappdiv-1995.

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