In re the Claim of Turner

Appellate Division of the Supreme Court of New York

In re the Claim of Turner

249 A.D.2d 612, 670 N.Y.S.2d 934, 1998 N.Y. App. Div. LEXIS 3589

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

DecidedApril 2, 1998

StatusPublished

Cited by3 cases

This text of 249 A.D.2d 612 (In re the Claim of Turner) 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 Turner, 249 A.D.2d 612, 670 N.Y.S.2d 934, 1998 N.Y. App. Div. LEXIS 3589 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 26, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant held the position of account executive for the employer, a news publication, for approximately five months. During that time, claimant was told by his manager on more than one occasion that he was not meeting his sales quota and that his performance on the job was not at the level expected of him. Claimant chose to resign after he decided that he was not suited for the position and learned that his former position as marketing research analyst was no longer available to him. Inasmuch as claimant chose to resign even though continuing work as an account executive was still available to him, we find that substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant voluntarily separated from his employment without good cause (see, Matter of Fonseca [New York State Elec. & Gas Corp. — Hudacs], 201 AD2d 818; Matter of Bradley [Hudacs], 190 AD2d 949).

Cardona, P. J., Mikoll, Crew III, Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 26, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant held the position of account executive for the employer, a news publication, for approximately five months. During that time, claimant was told by his manager on more than one occasion that he was not meeting his sales quota and that his performance on the job was not at the level expected of him. Claimant chose to resign after he decided that he was not suited for the position and learned that his former position as marketing research analyst was no longer available to him. Inasmuch as claimant chose to resign even though continuing work as an account executive was still available to him, we find that substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant voluntarily separated from his employment without good cause (see, Matter of Fonseca [New York State Elec. & Gas Corp. — Hudacs], 201 AD2d 818; Matter of Bradley [Hudacs], 190 AD2d 949).

Cardona, P. J., Mikoll, Crew III, Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

249 A.D.2d 612, 670 N.Y.S.2d 934, 1998 N.Y. App. Div. LEXIS 3589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-turner-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack