In re the Claim of Greene

Appellate Division of the Supreme Court of New York

In re the Claim of Greene

176 A.D.2d 411, 573 N.Y.S.2d 999, 1991 N.Y. App. Div. LEXIS 12392

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

DecidedSeptember 19, 1991

StatusPublished

Cited by2 cases

This text of 176 A.D.2d 411 (In re the Claim of Greene) 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 Greene, 176 A.D.2d 411, 573 N.Y.S.2d 999, 1991 N.Y. App. Div. LEXIS 12392 (N.Y. Ct. App. 1991).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 30, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Although the employer testified that he had been looking to replace claimant, he had not set a definite date for her discharge. He also stated that claimant could have continued to work beyond the date she chose to leave. Claimant herself admitted that she was the one who picked the date to leave. An employee does not have good cause to leave employment in anticipation of discharge where no definite date for dismissal has been set (see, Matter of Manson [Hartford Acc. & Indem. Group — Levine], 50 AD2d 980). Under the circumstances, the conclusion by the Unemployment Insurance Ap[412]*412peal Board that claimant voluntarily left her job without good cause is supported by substantial evidence and should be affirmed.

Casey, J. P., Mikoll, Yesawich Jr., Levine and Crew III, 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 March 30, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Although the employer testified that he had been looking to replace claimant, he had not set a definite date for her discharge. He also stated that claimant could have continued to work beyond the date she chose to leave. Claimant herself admitted that she was the one who picked the date to leave. An employee does not have good cause to leave employment in anticipation of discharge where no definite date for dismissal has been set (see, Matter of Manson [Hartford Acc. & Indem. Group — Levine], 50 AD2d 980). Under the circumstances, the conclusion by the Unemployment Insurance Ap[412]*412peal Board that claimant voluntarily left her job without good cause is supported by substantial evidence and should be affirmed.

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

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Bluebook (online)

176 A.D.2d 411, 573 N.Y.S.2d 999, 1991 N.Y. App. Div. LEXIS 12392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-greene-nyappdiv-1991.

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