In re the Claim of Saglimbeni

Appellate Division of the Supreme Court of New York

In re the Claim of Saglimbeni

264 A.D.2d 933, 695 N.Y.S.2d 210, 1999 N.Y. App. Div. LEXIS 9315

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

DecidedSeptember 23, 1999

StatusPublished

Cited by5 cases

This text of 264 A.D.2d 933 (In re the Claim of Saglimbeni) 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 Saglimbeni, 264 A.D.2d 933, 695 N.Y.S.2d 210, 1999 N.Y. App. Div. LEXIS 9315 (N.Y. Ct. App. 1999).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 15, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

On August 30, 1997, claimant was questioned by his manager as to why he had arrived at work several hours late. After informing the manager that he had a personal problem, he indicated that it would be his last day of work and handed the manager a resignation letter dated August 29, 1997. In addition to citing stress caused by the job, claimant also testified regarding his dissatisfaction with the work environment, which included conflicts with his manager. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he voluntarily left his employment without good cause (see, Matter of Murray [Sweeney], 244 AD2d 649). Whether claimant was fired prior to handing in his resignation — as he contends — presented a credibility issue for resolution by the Board (see, Matter of Anthony [Commissioner of Labor], 257 AD2d 876; Matter of Odock [Commissioner of Labor], 254 AD2d 551, 552).

Cardona, P. J., Mercure, Peters, Spain and Mugglin, 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 June 15, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

On August 30, 1997, claimant was questioned by his manager as to why he had arrived at work several hours late. After informing the manager that he had a personal problem, he indicated that it would be his last day of work and handed the manager a resignation letter dated August 29, 1997. In addition to citing stress caused by the job, claimant also testified regarding his dissatisfaction with the work environment, which included conflicts with his manager. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he voluntarily left his employment without good cause (see, Matter of Murray [Sweeney], 244 AD2d 649). Whether claimant was fired prior to handing in his resignation — as he contends — presented a credibility issue for resolution by the Board (see, Matter of Anthony [Commissioner of Labor], 257 AD2d 876; Matter of Odock [Commissioner of Labor], 254 AD2d 551, 552).

Cardona, P. J., Mercure, Peters, Spain and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

264 A.D.2d 933, 695 N.Y.S.2d 210, 1999 N.Y. App. Div. LEXIS 9315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-saglimbeni-nyappdiv-1999.

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