In re the Claim of Mastro

52 A.D.2d 708, 382 N.Y.S.2d 589, 1976 N.Y. App. Div. LEXIS 12389
Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1976·Published·Cited by 9 cases

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 3, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. The claimant was advised by her employer on July 10, 1975 that she was being terminated on July 28, 1975. The claimant left her work and did not work the remaining days. Leaving work in anticipation of the discharge date is not good cause for leaving the employment (Matter of Berkowitz [Levine], 41 AD2d 791; Matter of Schneider [Levine], 37 AD2d 788). The record discloses no other justification for the leaving and, accordingly, the decision is supported by substantial evidence. Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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In re the Claim of Mastro, 52 A.D.2d 708, 382 N.Y.S.2d 589, 1976 N.Y. App. Div. LEXIS 12389 (N.Y. Ct. App. 1976).

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