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Matter of Maira

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1992
182 A.D.2d 962 (N.Y. App. Div. 1992)

Opinion

April 9, 1992

Appeal from the Unemployment Insurance Appeal Board.


In claimant's letter of resignation, he stated that he was leaving due to a lack of transportation to and from work and due to stressful working conditions. The claim of stress was apparently based on the risk of injury while using the employer's vehicle to run errands. The employer's representative, however, testified that when claimant was hired his duties were explained to him and he never complained of a transportation problem. In addition, while fear for one's safety may constitute good cause to leave one's employment, claimant never substantiated his allegations on this point (see, Matter of Fried [Ross], 54 A.D.2d 521). Under these circumstances, there was substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant was aware of the conditions of his employment when hired and that his reasons for quitting were personal and noncompelling (see, Matter of Famulare [Catherwood], 34 A.D.2d 705; Matter of Siff [Catherwood], 32 A.D.2d 699). Claimant's contentions to the contrary raise issues of fact and credibility which were for the Board to resolve (see, Matter of Chassman [Levine], 50 A.D.2d 1000).

Mikoll, J.P., Yesawich Jr., Mercure, Mahoney and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Maira

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1992
182 A.D.2d 962 (N.Y. App. Div. 1992)
Case details for

Matter of Maira

Case Details

Full title:In the Matter of the Claim of GEORGE R. MAIRA, Appellant. JOHN F. HUDACS…

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

Date published: Apr 9, 1992

Citations

182 A.D.2d 962 (N.Y. App. Div. 1992)
582 N.Y.S.2d 563

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