From Casetext: Smarter Legal Research

Matter of Michael

Appellate Division of the Supreme Court of New York, Third Department
Sep 28, 2006
32 A.D.3d 1123 (N.Y. App. Div. 2006)

Opinion

500152.

September 28, 2006.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 2, 2005, which, inter alia, denied claimant's application to reopen and reconsider a prior decision.

Michael P. Yastrzemski, Water Mill, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Before: Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ.


Claimant, a gardener for a landscaping company, complained to the employer that two coworkers were making comments about him to each other. The employer directed the coworkers not to speak to claimant and. although they initially complied, claimant testified that the offensive conduct resumed within a few weeks. Without making further complaints to the employer, claimant quit despite the fact that continuing work was available. In a decision dated and filed June 8, 2005, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Upon granting claimant's subsequent application to reopen and reconsider its decision, the Board, by decision dated and filed July 20, 2005, adhered to its prior decision. Thereafter, by decision dated and filed November 2, 2005, the Board denied claimant's additional application to reopen and reconsider its decision. This appeal challenging the merits of the underlying determination denying his request for benefits ensued.

Initially, we note that because the record establishes that claimant's applications for reopening and reconsideration were made in a timely manner, his appeal brings up for review the merits of the original determination ( see Matter of Wood [Commissioner of Labor], 24 AD3d 854, 855). Turning to the merits of the Board's decision, substantial evidence supports the Board's determination that claimant voluntarily left his employment without good cause inasmuch as the failure to get along with a coworker does not constitute good cause for leaving one's employment ( see Matter of Vazquez [Utopia Home Care, Inc.Commissioner of Labor], 27 AD3d 814; Matter of Jenkins [Commissioner of Labor], 10 AD3d 745, 746). Although claimant contends that the harassment from his coworkers exacerbated his health problems by creating more stress and anxiety, he did not receive any medical advice to leave his job.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Michael

Appellate Division of the Supreme Court of New York, Third Department
Sep 28, 2006
32 A.D.3d 1123 (N.Y. App. Div. 2006)
Case details for

Matter of Michael

Case Details

Full title:In the Matter of the Claim of MICHAEL P. YASTRZEMSKI, Appellant…

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

Date published: Sep 28, 2006

Citations

32 A.D.3d 1123 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6892
821 N.Y.S.2d 490

Citing Cases

In re Yastrzemski

Decided March 22, 2007. Reported below, 32 AD3d 1123. Motion for leave to appeal dismissed upon the ground…

In re Miller

Claimant's second application to reopen and reconsider was denied by the Board in August 2007. It is from…