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Matter of Rizzicone

Appellate Division of the Supreme Court of New York, Third Department
Sep 14, 2006
32 A.D.3d 1056 (N.Y. App. Div. 2006)

Opinion

500038.

September 14, 2006.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 12, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claude Rizzicone Jr., Clifton Park, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Before: Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment at an auto body shop without good cause. Claimant testified that he resigned from his employment because he felt that his abilities and efforts were not appreciated. Although he did receive some criticism at work, the record establishes that continuing work was available. Inasmuch as dissatisfaction with one's work environment does not constitute good cause for leaving employment ( see Matter of Kohen [Commissioner of Labor], 17 AD3d 955, 956; Matter of Sawastynowicz [Hudacs], 182 AD2d 926, 926)., we find no reason to disturb the Board's decision. Claimant's contention that he quit due to a disability is unsupported inasmuch as there is no evidence in the record that he was medically advised to leave. Furthermore, although the record indicates that claimant resigned in order to avoid any reduction of his Social Security benefits, this does not constitute good cause for leaving employment ( see Matter of Balla [Sweeney], 227 AD2d 787).

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Rizzicone

Appellate Division of the Supreme Court of New York, Third Department
Sep 14, 2006
32 A.D.3d 1056 (N.Y. App. Div. 2006)
Case details for

Matter of Rizzicone

Case Details

Full title:In the Matter of the Claim of CLAUDE RIZZICONE JR., Appellant…

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

Date published: Sep 14, 2006

Citations

32 A.D.3d 1056 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6443
820 N.Y.S.2d 673

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