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Matter of Delaney

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 819 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant, an editorial assistant, resigned from her position due to stress. Although claimant had been advised earlier by her physician to quit her job as soon as possible, she nevertheless chose to remain and continued her employment for over a month ( compare, Matter of Tubito [Levine], 53 A.D.2d 730). It is significant that claimant never informed her employer about the work-related medical problems ( see, Matter of Cooper [Sweeney], 232 A.D.2d 678). Notwithstanding the employer's subsequent offer to alleviate the stress and pressure of claimant's job, claimant insisted on resigning. Notably, claimant had recently received a favorable employment review resulting in a raise and a bonus for her "exemplary" work. Under these circumstances, the Unemployment Insurance Appeal Board's decision that claimant voluntarily left her position without good cause is supported by substantial evidence ( see generally, Matter of Fonseca [New York State Elec. Gas Corp. — Hudacs], 201 A.D.2d 818).

Cardona, P.J., Mikoll, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Delaney

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 819 (N.Y. App. Div. 1997)
Case details for

Matter of Delaney

Case Details

Full title:In the Matter of the Claim of LORRAINE DELANEY, Appellant. JOHN E…

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

Date published: Sep 11, 1997

Citations

242 A.D.2d 819 (N.Y. App. Div. 1997)
662 N.Y.S.2d 604

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