In re the Claim of Strawter

Appellate Division of the Supreme Court of New York

In re the Claim of Strawter

207 A.D.2d 943, 616 N.Y.S.2d 678, 1994 N.Y. App. Div. LEXIS 8973

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

DecidedSeptember 22, 1994

StatusPublished

This text of 207 A.D.2d 943 (In re the Claim of Strawter) 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 Strawter, 207 A.D.2d 943, 616 N.Y.S.2d 678, 1994 N.Y. App. Div. LEXIS 8973 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 30, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

[944]*944The Board found that although claimant had received a poor evaluation and was warned that he would be fired if his work did not improve, there was still no decision made by the employer to discharge claimant. The Board concluded that claimant resigned after receiving an unsatisfactory rating and that this was not good cause for leaving his employment. The Board’s decision is supported by substantial evidence and must therefore be upheld. Claimant’s contentions to the contrary raise questions of credibility which were for the Board to resolve.

Cardona, P. J., Mikoll, Mercure, 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 30, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

[944]*944The Board found that although claimant had received a poor evaluation and was warned that he would be fired if his work did not improve, there was still no decision made by the employer to discharge claimant. The Board concluded that claimant resigned after receiving an unsatisfactory rating and that this was not good cause for leaving his employment. The Board’s decision is supported by substantial evidence and must therefore be upheld. Claimant’s contentions to the contrary raise questions of credibility which were for the Board to resolve.

Cardona, P. J., Mikoll, Mercure, White and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

207 A.D.2d 943, 616 N.Y.S.2d 678, 1994 N.Y. App. Div. LEXIS 8973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-strawter-nyappdiv-1994.