In re the Claim of McCann

Appellate Division of the Supreme Court of New York

In re the Claim of McCann

239 A.D.2d 767, 657 N.Y.S.2d 254, 1997 N.Y. App. Div. LEXIS 5235

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

DecidedMay 15, 1997

StatusPublished

This text of 239 A.D.2d 767 (In re the Claim of McCann) 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 McCann, 239 A.D.2d 767, 657 N.Y.S.2d 254, 1997 N.Y. App. Div. LEXIS 5235 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 6, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Employed as a customer service representative and secretary, claimant became uncomfortable at work after co-workers became aware and resentful of her romantic involvement with her supervisor’s boss. As a result, claimant resigned. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she left her employment for personal and non-compelling reasons. Initially, we note that the employer never expressed disapproval of claimant’s personal life nor was she ever asked to quit. Moreover, claimant’s feelings of social discomfort do not constitute good cause for leaving her employment (see, Matter of Goldstein [Burton Banner, M.D., P. C.— Hudacs], 202 AD2d 940, 941; Matter of Sawastynowicz [Hudacs], 182 AD2d 926). The Board’s decision finding that claimant left her employment under disqualifying conditions is, accordingly, affirmed.

Cardona, P. J., Crew III, Yesawich Jr., Peters and Carpinello, 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 February 6, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Employed as a customer service representative and secretary, claimant became uncomfortable at work after co-workers became aware and resentful of her romantic involvement with her supervisor’s boss. As a result, claimant resigned. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she left her employment for personal and non-compelling reasons. Initially, we note that the employer never expressed disapproval of claimant’s personal life nor was she ever asked to quit. Moreover, claimant’s feelings of social discomfort do not constitute good cause for leaving her employment (see, Matter of Goldstein [Burton Banner, M.D., P. C.— Hudacs], 202 AD2d 940, 941; Matter of Sawastynowicz [Hudacs], 182 AD2d 926). The Board’s decision finding that claimant left her employment under disqualifying conditions is, accordingly, affirmed.

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

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Bluebook (online)

239 A.D.2d 767, 657 N.Y.S.2d 254, 1997 N.Y. App. Div. LEXIS 5235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mccann-nyappdiv-1997.

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