In re the Claim of Guardino

Appellate Division of the Supreme Court of New York

In re the Claim of Guardino

222 A.D.2d 903, 635 N.Y.S.2d 111, 1995 N.Y. App. Div. LEXIS 13310

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

DecidedDecember 21, 1995

StatusPublished

This text of 222 A.D.2d 903 (In re the Claim of Guardino) 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 Guardino, 222 A.D.2d 903, 635 N.Y.S.2d 111, 1995 N.Y. App. Div. LEXIS 13310 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 7,1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant resigned from her position as a benefits and payroll manager because her supervisor failed to promptly terminate an insubordinate employee. The Board denied her claim for unemployment insurance benefits finding that she voluntarily [904]*904left her employment without good cause. The record reveals that claimant’s supervisor intended to terminate the insubordinate employee after a suitable replacement was found. Claimant, however, resigned before the replacement was hired because she felt she was not getting support from her supervisors. In view of this, we find that substantial evidence supports the Board’s decision that claimant left her employment for personal and noncompelling reasons.

Mikoll, J. P., Mercure, White, Yesawich Jr. and Spain, 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 7,1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant resigned from her position as a benefits and payroll manager because her supervisor failed to promptly terminate an insubordinate employee. The Board denied her claim for unemployment insurance benefits finding that she voluntarily [904]*904left her employment without good cause. The record reveals that claimant’s supervisor intended to terminate the insubordinate employee after a suitable replacement was found. Claimant, however, resigned before the replacement was hired because she felt she was not getting support from her supervisors. In view of this, we find that substantial evidence supports the Board’s decision that claimant left her employment for personal and noncompelling reasons.

Mikoll, J. P., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

222 A.D.2d 903, 635 N.Y.S.2d 111, 1995 N.Y. App. Div. LEXIS 13310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-guardino-nyappdiv-1995.