In re the Claim of Paladino

Appellate Division of the Supreme Court of New York

In re the Claim of Paladino

202 A.D.2d 932, 609 N.Y.S.2d 694, 1994 N.Y. App. Div. LEXIS 3073

Appellate Division of the Supreme Court of the State of New York·Decided March 31, 1994·Published·Cited by 3 cases

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant’s employment ended when, due to outstanding traffic tickets, he failed to maintain a valid drivers’ license, a necessary condition of his employment as a driver. Although his employer gave him a few days to resolve the problem with his license, claimant failed to take any action. Claimant therefore voluntarily engaged in conduct which he knew would leave the employer no choice but to discharge him. As such, the Board’s conclusion that claimant provoked his discharge, which constitutes a voluntary leaving of employment without good cause, is supported by substantial evidence and must be upheld.

[933]*933Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., 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 September 2, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant’s employment ended when, due to outstanding traffic tickets, he failed to maintain a valid drivers’ license, a necessary condition of his employment as a driver. Although his employer gave him a few days to resolve the problem with his license, claimant failed to take any action. Claimant therefore voluntarily engaged in conduct which he knew would leave the employer no choice but to discharge him. As such, the Board’s conclusion that claimant provoked his discharge, which constitutes a voluntary leaving of employment without good cause, is supported by substantial evidence and must be upheld.

[933]*933Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Paladino, 202 A.D.2d 932, 609 N.Y.S.2d 694, 1994 N.Y. App. Div. LEXIS 3073 (N.Y. Ct. App. 1994).

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Opinion

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