From Casetext: Smarter Legal Research

In the Matter of the Claim of Vega

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 2003
309 A.D.2d 1134 (N.Y. App. Div. 2003)

Opinion

93778

Decided and Entered: October 30, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 12, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Brownie Vega, Woodhaven, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Before: Cardona, P.J., Crew III, Peters, Spain and, Carpinello, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment as an office manager at a hospital in the security department without good cause. Claimant testified that she left her employment because she believed that there was no room for job advancement with a new director coming into the department. It is well settled that dissatisfaction with promotional opportunities does not constitute good cause for resigning (see Matter of Ruballo [Commissioner of Labor], 286 A.D.2d 817; Matter of Pinedo [Commissioner of Labor], 270 A.D.2d 556). Although claimant now asserts that she was forced to resign rather than be fired, claimant failed to make such claim at the hearing.

Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Vega

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 2003
309 A.D.2d 1134 (N.Y. App. Div. 2003)
Case details for

In the Matter of the Claim of Vega

Case Details

Full title:IN THE MATTER OF THE CLAIM OF BROWNIE VEGA, Appellant. COMMISSIONER OF…

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

Date published: Oct 30, 2003

Citations

309 A.D.2d 1134 (N.Y. App. Div. 2003)
766 N.Y.S.2d 916

Citing Cases

In the Matter of Monaghan

The employer demonstrated a reasonable excuse for its inability to proceed with the hearing, namely, that the…

In the Matter of Gerard

Claimant admitted that she would not have resigned had she been offered the position in the police…