In re the Claim of Wolfbiss

Appellate Division of the Supreme Court of New York

In re the Claim of Wolfbiss

173 A.D.2d 1047, 570 N.Y.S.2d 382, 1991 N.Y. App. Div. LEXIS 7196

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

DecidedMay 16, 1991

StatusPublished

Cited by2 cases

This text of 173 A.D.2d 1047 (In re the Claim of Wolfbiss) 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 Wolfbiss, 173 A.D.2d 1047, 570 N.Y.S.2d 382, 1991 N.Y. App. Div. LEXIS 7196 (N.Y. Ct. App. 1991).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 27, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant contends that she left her employment because her employer singled her out and harassed and humiliated her, causing her physical and mental strain and stress. Not only does the evidence fail to support this assertion, but it has been held that failure to get along with one’s boss does not constitute good cause for leaving one’s employment (see, Matter of Grossman [Levine], 51 AD2d 853; Matter of Snapperman [Levine], 50 AD2d 1029). In addition, while claimant contends that the problems with her employer caused her stress, it is significant to note that she remained on the job for several months after an alleged incident occurred and she received no medical advice to leave her job (see, Matter of Chawkin [Catherwood], 18 AD2d 750). Under the circumstances, the Unemployment Insurance Appeal Board’s determination that [1048]*1048claimant left her employment for personal and noncompelling reasons is supported by substantial evidence (see, Matter of Logan [Levine], 52 AD2d 679, lv denied 39 NY2d 709).

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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 June 27, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant contends that she left her employment because her employer singled her out and harassed and humiliated her, causing her physical and mental strain and stress. Not only does the evidence fail to support this assertion, but it has been held that failure to get along with one’s boss does not constitute good cause for leaving one’s employment (see, Matter of Grossman [Levine], 51 AD2d 853; Matter of Snapperman [Levine], 50 AD2d 1029). In addition, while claimant contends that the problems with her employer caused her stress, it is significant to note that she remained on the job for several months after an alleged incident occurred and she received no medical advice to leave her job (see, Matter of Chawkin [Catherwood], 18 AD2d 750). Under the circumstances, the Unemployment Insurance Appeal Board’s determination that [1048]*1048claimant left her employment for personal and noncompelling reasons is supported by substantial evidence (see, Matter of Logan [Levine], 52 AD2d 679, lv denied 39 NY2d 709).

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

173 A.D.2d 1047, 570 N.Y.S.2d 382, 1991 N.Y. App. Div. LEXIS 7196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-wolfbiss-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack