In re the Claim of Sanchez

Appellate Division of the Supreme Court of New York

In re the Claim of Sanchez

285 A.D.2d 796, 729 N.Y.S.2d 796, 2001 N.Y. App. Div. LEXIS 7423

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

DecidedJuly 12, 2001

StatusPublished

This text of 285 A.D.2d 796 (In re the Claim of Sanchez) 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 Sanchez, 285 A.D.2d 796, 729 N.Y.S.2d 796, 2001 N.Y. App. Div. LEXIS 7423 (N.Y. Ct. App. 2001).

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Opinion

—Ap[797]*797peal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2000, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a mechanic, was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant testified that he resigned from his employment due to depression because his request to be transferred to another department and away from his supervisor was denied as a result of a poor performance evaluation. Although claimant attributed his depression to his job situation, claimant admitted that he was not medically advised to leave his employment (see, Matter of Levinn [Commissioner of Labor], 249 AD2d 856, 857; Matter of Robinson [Sweeney], 245 AD2d 939, 940). Accordingly, we find no reason to disturb the Board’s decision.

Mercure, J. P., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Ap[797]*797peal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2000, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a mechanic, was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant testified that he resigned from his employment due to depression because his request to be transferred to another department and away from his supervisor was denied as a result of a poor performance evaluation. Although claimant attributed his depression to his job situation, claimant admitted that he was not medically advised to leave his employment (see, Matter of Levinn [Commissioner of Labor], 249 AD2d 856, 857; Matter of Robinson [Sweeney], 245 AD2d 939, 940). Accordingly, we find no reason to disturb the Board’s decision.

Mercure, J. P., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

285 A.D.2d 796, 729 N.Y.S.2d 796, 2001 N.Y. App. Div. LEXIS 7423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-sanchez-nyappdiv-2001.

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