In re the Claim of Livingston

Appellate Division of the Supreme Court of New York

In re the Claim of Livingston

210 A.D.2d 721, 620 N.Y.S.2d 177, 1994 N.Y. App. Div. LEXIS 12720

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

DecidedDecember 15, 1994

StatusPublished

Cited by2 cases

This text of 210 A.D.2d 721 (In re the Claim of Livingston) 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 Livingston, 210 A.D.2d 721, 620 N.Y.S.2d 177, 1994 N.Y. App. Div. LEXIS 12720 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 31, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s determination that claimant left his position as a bottling plant line worker without good cause for personal and noncompelling reasons. The evidence indicates that claimant resigned from his position and accepted a $10,000 payment from his employer as settlement of certain grievance and discrimination claims filed by claimant. Although claimant argued at the hearing that he quit because [722]*722his employer threatened to fire him anyway, we note that, in his statement to the local office, claimant said that he "took the offer to resign because [he] was sick and tired of fighting” with his employer and "just wanted to get a new start”. Under the circumstances, we find no reason to disturb the Board’s conclusion that claimant voluntarily resigned in order to accept the employer’s settlement payment.

Cardona, P. J., Mikoll, Crew III, 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 December 31, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s determination that claimant left his position as a bottling plant line worker without good cause for personal and noncompelling reasons. The evidence indicates that claimant resigned from his position and accepted a $10,000 payment from his employer as settlement of certain grievance and discrimination claims filed by claimant. Although claimant argued at the hearing that he quit because [722]*722his employer threatened to fire him anyway, we note that, in his statement to the local office, claimant said that he "took the offer to resign because [he] was sick and tired of fighting” with his employer and "just wanted to get a new start”. Under the circumstances, we find no reason to disturb the Board’s conclusion that claimant voluntarily resigned in order to accept the employer’s settlement payment.

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

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Bluebook (online)

210 A.D.2d 721, 620 N.Y.S.2d 177, 1994 N.Y. App. Div. LEXIS 12720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-livingston-nyappdiv-1994.

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