From Casetext: Smarter Legal Research

Matter of Scalfani

Appellate Division of the Supreme Court of New York, Third Department
Jan 5, 1995
211 A.D.2d 846 (N.Y. App. Div. 1995)

Opinion

January 5, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant, who was employed as a registrar in a hospital preadmission testing unit, was having marital problems and had difficulty in making reliable child care arrangements. Her brother was gravely ill and she requested a day off to celebrate her brother's birthday and her birthday. Claimant learned that approval of her request would be contingent upon her willingness to substitute for vacationing co-workers at other times. Claimant resigned, giving two weeks' notice but no reason. At the hearing, claimant testified about the pressure of her personal problems.

The Unemployment Insurance Appeal Board rejected claimant's explanation and found that claimant resigned because she was not given the day off that she requested without concessions on her part. The Board, therefore, found that claimant left her employment for noncompelling reasons. Since substantial evidence supports the Board's decision, it must be affirmed (see, Matter of Ratkewicz [Hartnett], 173 A.D.2d 999, 1000).

Mikoll, J.P., Crew III, White and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Scalfani

Appellate Division of the Supreme Court of New York, Third Department
Jan 5, 1995
211 A.D.2d 846 (N.Y. App. Div. 1995)
Case details for

Matter of Scalfani

Case Details

Full title:In the Matter of the Claim of MARIE SCALFANI, Appellant. JOHN F. HUDACS…

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

Date published: Jan 5, 1995

Citations

211 A.D.2d 846 (N.Y. App. Div. 1995)
620 N.Y.S.2d 627