In re the Claim of McQueen

Appellate Division of the Supreme Court of New York

In re the Claim of McQueen

176 A.D.2d 413, 574 N.Y.S.2d 119, 1991 N.Y. App. Div. LEXIS 12393

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

DecidedSeptember 19, 1991

StatusPublished

Cited by2 cases

This text of 176 A.D.2d 413 (In re the Claim of McQueen) 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 McQueen, 176 A.D.2d 413, 574 N.Y.S.2d 119, 1991 N.Y. App. Div. LEXIS 12393 (N.Y. Ct. App. 1991).

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Opinion

— Appeal from a decision of the Unemployment [414]*414Insurance Appeal Board, filed February 8, 1991, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, who was employed part-time as a receiving clerk, left his employment of 2 Vz years when his work schedule was reduced because there was not enough work available at the time. Claimant admitted that, at the time he was hired, he knew that his hours would fluctuate. In addition, claimant could have stayed employed and supplemented his earnings with partial unemployment insurance benefits. Consequently, the decision to disqualify claimant from receiving unemployment insurance benefits because he voluntarily left his employment without good cause is supported by substantial evidence and must be upheld (see, Matter of White [Levine], 52 AD2d 1003; see also, Matter of Consentino [Ross] 71 AD2d 1042).

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

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— Appeal from a decision of the Unemployment [414]*414Insurance Appeal Board, filed February 8, 1991, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, who was employed part-time as a receiving clerk, left his employment of 2 Vz years when his work schedule was reduced because there was not enough work available at the time. Claimant admitted that, at the time he was hired, he knew that his hours would fluctuate. In addition, claimant could have stayed employed and supplemented his earnings with partial unemployment insurance benefits. Consequently, the decision to disqualify claimant from receiving unemployment insurance benefits because he voluntarily left his employment without good cause is supported by substantial evidence and must be upheld (see, Matter of White [Levine], 52 AD2d 1003; see also, Matter of Consentino [Ross] 71 AD2d 1042).

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

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Bluebook (online)

176 A.D.2d 413, 574 N.Y.S.2d 119, 1991 N.Y. App. Div. LEXIS 12393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcqueen-nyappdiv-1991.

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