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Matter of Caldarone

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2000
270 A.D.2d 562 (N.Y. App. Div. 2000)

Opinion

March 2, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 8, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Lena L. Caldarone, Rochelle Park, New Jersey, appellant in person.

Eliot Spitzer, Attorney-General (Norman Uris of counsel), New York City, for respondent.

Before: CARDONA, P.J., MERCURE, PETERS, SPAIN and GRAFFEO, JJ.


MEMORANDUM AND ORDER

Claimant was employed as a traffic coordinator until she voluntarily left her employment because she was dissatisfied with her duties. The record reveals that claimant notified her employer of her dissatisfaction and the employer told claimant that he would remedy the situation. Despite this assurance, claimant left one week later after having worked for only three weeks. As the Unemployment Insurance Appeal Board noted, claimant's decision to leave was premature because she failed to give her employer adequate time to rectify the situation (see,Matter of Schell [Hudacs], 192 A.D.2d 1007). Under the circumstances, the decision of the Board that claimant left her employment for personal and noncompelling reasons, and therefore without good cause, is supported by substantial evidence (see,Matter of Brabson [Hudacs], 195 A.D.2d 681; Matter of Schell [Hudacs], supra).

CARDONA, P.J., MERCURE, PETERS, SPAIN and GRAFFEO, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Caldarone

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2000
270 A.D.2d 562 (N.Y. App. Div. 2000)
Case details for

Matter of Caldarone

Case Details

Full title:In the Matter of the Claim of LENA L. CALDARONE, Appellant. COMMISSIONER…

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

Date published: Mar 2, 2000

Citations

270 A.D.2d 562 (N.Y. App. Div. 2000)
703 N.Y.S.2d 599

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