From Casetext: Smarter Legal Research

Matter of Oxendine

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 1975
49 A.D.2d 784 (N.Y. App. Div. 1975)

Opinion

September 18, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 3, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective November 16, 1974 because he voluntarily left his employment without good cause. Claimant, a handyman who worked in a building owned by the employer realty company, quit his job because the employer stopped permitting him to work overtime. Claimant had a base 40-hour week at $5 per hour. His quitting because of the absence of overtime work amounts to a dissatisfaction with his salary which he would not have been justified in refusing in the first instance, wherefore the board was entitled to conclude that his reasons for leaving his job were personal and noncompelling (Matter of Lubin [Catherwood], 34 A.D.2d 591). Decision affirmed, without costs. Greenblott, J.P., Kane, Main, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Oxendine

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 1975
49 A.D.2d 784 (N.Y. App. Div. 1975)
Case details for

Matter of Oxendine

Case Details

Full title:In the Matter of the Claim of HOWARD OXENDINE, Appellant. LOUIS L. LEVINE…

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

Date published: Sep 18, 1975

Citations

49 A.D.2d 784 (N.Y. App. Div. 1975)

Citing Cases

Matter of Ratkewicz

Instead of questioning the decision at the time it was made or otherwise making it known that he was…

Matter of Fayle

It is not disputed that claimant quit his job because his employer stopped assigning him to work overtime.…