In re the Claim of Toliver

Appellate Division of the Supreme Court of New York

In re the Claim of Toliver

51 A.D.2d 600, 377 N.Y.S.2d 307, 1976 N.Y. App. Div. LEXIS 10909

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

DecidedJanuary 8, 1976

StatusPublished

This text of 51 A.D.2d 600 (In re the Claim of Toliver) 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 Toliver, 51 A.D.2d 600, 377 N.Y.S.2d 307, 1976 N.Y. App. Div. LEXIS 10909 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 16, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he voluntarily left his employment without good cause. Claimant worked as an office manager for a resort hotel from January, 1974 through August 25, 1974. From January through May he worked five days a week and went to college on Tuesdays and Thursdays. After May he was required to work six days a week. Claimant requested Tuesdays and Thursdays off after August 26, 1974 so that he could resume his college studies. He was told that he would have to continue working on a six-day week basis. He thereafter left the job on August 26, 1974.- The board found that claimant voluntarily left his employment after the employer refused to change claimant’s scheduled employment to avoid a conflict with his schooling, that this was a personal and noncompelling reason for leaving and he was, consequently, disqualified from receiving benefits. The board’s findings are supported by substantial evidence and must be sustained. (Matter of Schifferle [Catherwood], 33 AD2d 847.) Decision affirmed, without costs. Greenblott, J. P., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 16, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he voluntarily left his employment without good cause. Claimant worked as an office manager for a resort hotel from January, 1974 through August 25, 1974. From January through May he worked five days a week and went to college on Tuesdays and Thursdays. After May he was required to work six days a week. Claimant requested Tuesdays and Thursdays off after August 26, 1974 so that he could resume his college studies. He was told that he would have to continue working on a six-day week basis. He thereafter left the job on August 26, 1974.- The board found that claimant voluntarily left his employment after the employer refused to change claimant’s scheduled employment to avoid a conflict with his schooling, that this was a personal and noncompelling reason for leaving and he was, consequently, disqualified from receiving benefits. The board’s findings are supported by substantial evidence and must be sustained. (Matter of Schifferle [Catherwood], 33 AD2d 847.) Decision affirmed, without costs. Greenblott, J. P., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

51 A.D.2d 600, 377 N.Y.S.2d 307, 1976 N.Y. App. Div. LEXIS 10909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-toliver-nyappdiv-1976.

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