In re the Claim of Sicurella

Appellate Division of the Supreme Court of New York

In re the Claim of Sicurella

265 A.D.2d 778, 697 N.Y.S.2d 397, 1999 N.Y. App. Div. LEXIS 10915

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

DecidedOctober 28, 1999

StatusPublished

Cited by2 cases

This text of 265 A.D.2d 778 (In re the Claim of Sicurella) 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 Sicurella, 265 A.D.2d 778, 697 N.Y.S.2d 397, 1999 N.Y. App. Div. LEXIS 10915 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 3, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, employed as head mail and supply clerk, accepted the employer’s offer of an early retirement incentive package. Testimony at the hearing established that in addition to three years longevity credits toward claimant’s pension, negotiations resulted in a further incentive of a one-year contract performing essentially the same duties under the same supervisor. The Unemployment Insurance Appeal Board ruled that claimant voluntarily left his employment without good cause and charged him with a recoverable overpayment of benefits. We [779]*779affirm. Participating in an early retirement incentive program when there is continuing work available does not constitute good cause for leaving one’s employment (see, Matter of Slezak [Commissioner of Labor], 252 AD2d 644; Matter of Joseph [Sweeney], 246 AD2d 944). To the extent claimant disagreed with the circumstances surrounding his acceptance of the retirement incentive, this created a credibility issue for resolution by the Board (see, Matter of Williams [New York City Gen. Servs.—Commissioner of Labor], 256 AD2d 792). Inasmuch as substantial evidence supports the Board’s decision, it will not be disturbed.

Mikoll, J. P., Yesawich Jr., 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 3, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, employed as head mail and supply clerk, accepted the employer’s offer of an early retirement incentive package. Testimony at the hearing established that in addition to three years longevity credits toward claimant’s pension, negotiations resulted in a further incentive of a one-year contract performing essentially the same duties under the same supervisor. The Unemployment Insurance Appeal Board ruled that claimant voluntarily left his employment without good cause and charged him with a recoverable overpayment of benefits. We [779]*779affirm. Participating in an early retirement incentive program when there is continuing work available does not constitute good cause for leaving one’s employment (see, Matter of Slezak [Commissioner of Labor], 252 AD2d 644; Matter of Joseph [Sweeney], 246 AD2d 944). To the extent claimant disagreed with the circumstances surrounding his acceptance of the retirement incentive, this created a credibility issue for resolution by the Board (see, Matter of Williams [New York City Gen. Servs.—Commissioner of Labor], 256 AD2d 792). Inasmuch as substantial evidence supports the Board’s decision, it will not be disturbed.

Mikoll, J. P., Yesawich Jr., Peters, Spain and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

265 A.D.2d 778, 697 N.Y.S.2d 397, 1999 N.Y. App. Div. LEXIS 10915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-sicurella-nyappdiv-1999.

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