In re the Claim of Welker

Appellate Division of the Supreme Court of New York

In re the Claim of Welker

205 A.D.2d 822, 613 N.Y.S.2d 61, 1994 N.Y. App. Div. LEXIS 5875

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

DecidedJune 2, 1994

StatusPublished

Cited by1 cases

This text of 205 A.D.2d 822 (In re the Claim of Welker) 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.

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In re the Claim of Welker, 205 A.D.2d 822, 613 N.Y.S.2d 61, 1994 N.Y. App. Div. LEXIS 5875 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 14, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

[823]*823Upon review of the record, we find that there is substantial evidence to support the Board’s conclusion that claimant voluntarily left his employment as an automobile salesperson without good cause for noncompelling reasons. Claimant conceded that his supervisor was honest with him about the money he could earn while on commission, but he testified that he was nonetheless unhappy with his earnings. Under the circumstances, the Board could properly conclude that claimant’s decision to leave his employment was motivated by his dissatisfaction with his salary and was, therefore, without good cause.

Mercure, J. P., White, Casey, Weiss and Peters, 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 May 14, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

[823]*823Upon review of the record, we find that there is substantial evidence to support the Board’s conclusion that claimant voluntarily left his employment as an automobile salesperson without good cause for noncompelling reasons. Claimant conceded that his supervisor was honest with him about the money he could earn while on commission, but he testified that he was nonetheless unhappy with his earnings. Under the circumstances, the Board could properly conclude that claimant’s decision to leave his employment was motivated by his dissatisfaction with his salary and was, therefore, without good cause.

Mercure, J. P., White, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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205 A.D.2d 822, 613 N.Y.S.2d 61, 1994 N.Y. App. Div. LEXIS 5875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-welker-nyappdiv-1994.

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