In re the Claim of Lesakowski

Appellate Division of the Supreme Court of New York

In re the Claim of Lesakowski

212 A.D.2d 917, 622 N.Y.S.2d 625, 1995 N.Y. App. Div. LEXIS 1582

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

DecidedFebruary 16, 1995

StatusPublished

Cited by2 cases

This text of 212 A.D.2d 917 (In re the Claim of Lesakowski) 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 Lesakowski, 212 A.D.2d 917, 622 N.Y.S.2d 625, 1995 N.Y. App. Div. LEXIS 1582 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 30, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

At the outset, we conclude that the Board did not abuse its discretion by reopening this case following the employer’s initial default. Moreover, upon review of the record, we find [918]*918substantial evidence to support the Board’s determination that claimant left her position in the employer’s payroll department without good cause. The Board rationally found that claimant quit her job in dissatisfaction upon the employer’s announcement that it intended to change her job title and some of her duties. Since claimant’s salary and job duties were not substantially affected by these changes, we find no reason to disturb the Board’s finding that claimant left her job for personal and noncompelling reasons.

Mikoll, J. P., Mercure, 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 June 30, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

At the outset, we conclude that the Board did not abuse its discretion by reopening this case following the employer’s initial default. Moreover, upon review of the record, we find [918]*918substantial evidence to support the Board’s determination that claimant left her position in the employer’s payroll department without good cause. The Board rationally found that claimant quit her job in dissatisfaction upon the employer’s announcement that it intended to change her job title and some of her duties. Since claimant’s salary and job duties were not substantially affected by these changes, we find no reason to disturb the Board’s finding that claimant left her job for personal and noncompelling reasons.

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

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Bluebook (online)

212 A.D.2d 917, 622 N.Y.S.2d 625, 1995 N.Y. App. Div. LEXIS 1582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-lesakowski-nyappdiv-1995.

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