In re the Claim of Leung

Appellate Division of the Supreme Court of New York

In re the Claim of Leung

219 A.D.2d 741, 631 N.Y.S.2d 97, 1995 N.Y. App. Div. LEXIS 9177

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

DecidedSeptember 7, 1995

StatusPublished

Cited by3 cases

This text of 219 A.D.2d 741 (In re the Claim of Leung) 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 Leung, 219 A.D.2d 741, 631 N.Y.S.2d 97, 1995 N.Y. App. Div. LEXIS 9177 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 16, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as a senior laboratory technician in the dietetics laboratory at La Guardia Community College in New York City. As a result of the closing of the laboratory due to unsanitary conditions, claimant was given a job performing [742]*742clerical duties while her employer sought to place her in another job within the same classification. She subsequently declined a number of jobs offered to her and ultimately entered into an agreement with her employer under which she voluntarily resigned from her position. Inasmuch as claimant concedes that she entered into an agreement with her employer to buy out her position and resigned from her position in accordance with this agreement, substantial evidence supports the Board’s decision that claimant voluntarily left her employment without good cause. Accordingly, the Board’s decision must be upheld.

Cardona, P. J., Mikoll, Mercure, Crew III and White, 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 July 16, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as a senior laboratory technician in the dietetics laboratory at La Guardia Community College in New York City. As a result of the closing of the laboratory due to unsanitary conditions, claimant was given a job performing [742]*742clerical duties while her employer sought to place her in another job within the same classification. She subsequently declined a number of jobs offered to her and ultimately entered into an agreement with her employer under which she voluntarily resigned from her position. Inasmuch as claimant concedes that she entered into an agreement with her employer to buy out her position and resigned from her position in accordance with this agreement, substantial evidence supports the Board’s decision that claimant voluntarily left her employment without good cause. Accordingly, the Board’s decision must be upheld.

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

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Bluebook (online)

219 A.D.2d 741, 631 N.Y.S.2d 97, 1995 N.Y. App. Div. LEXIS 9177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-leung-nyappdiv-1995.

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