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Matter of Ortas

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 851 (N.Y. App. Div. 1992)

Opinion

November 12, 1992

Appeal from the Unemployment Insurance Appeal Board.


The Unemployment Insurance Appeal Board found that it would have been reasonable for claimant to accede to her employer's request that she get along with her co-workers and reasonable for her to remain on the job. Because we find substantial evidence in the record to support the Board's conclusion that claimant voluntarily left her employment without good cause, it must be affirmed (see, Matter of Hogan [Schenectady Discount Corp. Levine], 50 A.D.2d 650). Conflicts with co-workers is not a compelling reason to leave employment (see, Matter of Simon [Catherwood], 26 A.D.2d 979). Although claimant testified that she was "let go", she also conceded that the employer's president was willing to continue her employment if she was willing to change her attitude. The president also testified that he never told claimant that she should not come back or that she was fired. In any event, this raised questions of fact and credibility which were for the Board to resolve (see, Matter of Chassman [Levine], 50 A.D.2d 1000). Claimant's remaining contentions have been considered and rejected as lacking in merit.

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


Summaries of

Matter of Ortas

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 851 (N.Y. App. Div. 1992)
Case details for

Matter of Ortas

Case Details

Full title:In the Matter of the Claim of JOSEPHINE R. ORTAS, Appellant. JOHN F…

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

Date published: Nov 12, 1992

Citations

187 A.D.2d 851 (N.Y. App. Div. 1992)
589 N.Y.S.2d 714

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