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Matter of Krinsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 659 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 21, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant, a head bank teller, became an employee of Astoria Federal Savings Bank after claimant's former employer and Astoria Bank (hereinafter the employer) merged. Approximately two weeks after the merger, claimant's employer placed her on probation for three months due to various incidents of insubordination and unprofessional leadership style. Claimant, feeling that she was being harassed and fearing termination, informed her employer that she was resigning.

It is well settled that neither a supervisor's criticism of an employee's work product ( see, Matter of Mielewski [Sweeney], 227 A.D.2d 805) nor quitting in anticipation of discharge ( see, Matter of Chick [Hudacs], 209 A.D.2d 812) constitutes good cause for leaving employment. Additionally, claimant's contention that her medical condition caused her to leave her employment is without merit inasmuch as claimant's physician never advised her to resign from her position ( see, Matter of Cooper [Sweeney], 232 A.D.2d 678). We find that the Unemployment Insurance Appeal Board's decision that claimant voluntarily left her employment without good cause is supported by substantial evidence and must be affirmed.

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


Summaries of

Matter of Krinsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 659 (N.Y. App. Div. 1997)
Case details for

Matter of Krinsky

Case Details

Full title:In the Matter of the Claim of PAMELA J. KRINSKY, Appellant. JOHN E…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 659 (N.Y. App. Div. 1997)
655 N.Y.S.2d 678

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