In re the Claim of Trella

Appellate Division of the Supreme Court of New York

In re the Claim of Trella

253 A.D.2d 970, 677 N.Y.S.2d 823, 1998 N.Y. App. Div. LEXIS 9528

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

DecidedSeptember 17, 1998

StatusPublished

Cited by4 cases

This text of 253 A.D.2d 970 (In re the Claim of Trella) 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 Trella, 253 A.D.2d 970, 677 N.Y.S.2d 823, 1998 N.Y. App. Div. LEXIS 9528 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 29, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant resigned from his employment working with troubled adolescents through a street outreach program claiming that he was concerned for his safety. The Unemployment Insurance Appeal Board found that claimant voluntarily left [971]*971his employment without good cause and was therefore disqualified from receiving benefits. While fear for one’s personal safety may constitute good cause for leaving employment (see, Matter of Hughes [Hartnett], 198 AD2d 647, lv denied 83 NY2d 751), the record in this matter does not support claimant’s contention that he had reasonable grounds to believe that his safety was threatened. Although claimant testified that while he was working one night he overheard some individuals indicate that he should be assaulted, no action of any kind was taken. Moreover, claimant failed to report the incident to his supervisors. Under these circumstances, we conclude that substantial evidence supports the Board’s finding that there were no reasonable grounds to conclude that claimant’s safety was threatened while he was employed (see, e.g., Matter of Torres [Sweeney], 241 AD2d 743; Matter of Clark [Capital Area Community Health Plan—Hartnett], 156 AD2d 909).

Cardona, P. J., Mikoll, White, Peters and Graffeo, 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 January 29, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant resigned from his employment working with troubled adolescents through a street outreach program claiming that he was concerned for his safety. The Unemployment Insurance Appeal Board found that claimant voluntarily left [971]*971his employment without good cause and was therefore disqualified from receiving benefits. While fear for one’s personal safety may constitute good cause for leaving employment (see, Matter of Hughes [Hartnett], 198 AD2d 647, lv denied 83 NY2d 751), the record in this matter does not support claimant’s contention that he had reasonable grounds to believe that his safety was threatened. Although claimant testified that while he was working one night he overheard some individuals indicate that he should be assaulted, no action of any kind was taken. Moreover, claimant failed to report the incident to his supervisors. Under these circumstances, we conclude that substantial evidence supports the Board’s finding that there were no reasonable grounds to conclude that claimant’s safety was threatened while he was employed (see, e.g., Matter of Torres [Sweeney], 241 AD2d 743; Matter of Clark [Capital Area Community Health Plan—Hartnett], 156 AD2d 909).

Cardona, P. J., Mikoll, White, Peters and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

253 A.D.2d 970, 677 N.Y.S.2d 823, 1998 N.Y. App. Div. LEXIS 9528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-trella-nyappdiv-1998.

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