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In re Croughter

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2008
50 A.D.3d 1360 (N.Y. App. Div. 2008)

Opinion

No. 503371.

April 17, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 2, 2007, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Stanley D. Croughter, Somerset, New Jersey, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Bessie Bazile of counsel), for respondent

Before: Mercure, J.P., Spain, Rose, Kane and Kavanagh, JJ.


Claimant worked as the director of administrative services for the employer until he resigned in March 2006. The Unemployment Insurance Appeal Board ultimately denied claimant's application for unemployment insurance benefits on the basis that he voluntarily left his employment without good cause. Claimant appeals.

We affirm. The record reveals that claimant resigned shortly after the employer placed him on administrative leave with full pay pending an investigation into complaints of inappropriate conduct. At the time, claimant cited family and health problems as reasons for his resignation. Later, claimant indicated that job stress and his belief that he was about to be fired contributed to his decision to resign. However, inasmuch as neither job stress, in the absence of evidence that it was medically necessary to leave ( see Matter of Viohl [Commissioner of Labor], 32 AD3d 647, 648; Matter of Romano [Commissioner of Labor], 30 AD3d 953, 954), nor the anticipation of a future discharge constitutes good cause for leaving one's employment ( see Matter of Cole [Koran — Commissioner of Labor], 45 AD3d 1229, 1230; Matter of Kabayiza [Commissioner of Labor], 22 AD3d 1014, 1015), substantial evidence exists to support the Board's decision.

To the extent that claimant alleged that he was forced to resign, a credibility issue was created for the Board to resolve ( see Matter of Di Febbo [Sweeney], 243 AD2d 804, 805). Claimant's remaining contentions have been reviewed and determined to be without merit.

Ordered that the decision is affirmed, without costs.


Summaries of

In re Croughter

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 2008
50 A.D.3d 1360 (N.Y. App. Div. 2008)
Case details for

In re Croughter

Case Details

Full title:In the Matter of the Claim of STANLEY D. CROUGHTER, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 17, 2008

Citations

50 A.D.3d 1360 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3367
855 N.Y.S.2d 760

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