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Matter of the Claim of Alascia

Appellate Division of the Supreme Court of New York, Third Department
Mar 8, 2001
281 A.D.2d 739 (N.Y. App. Div. 2001)

Opinion

March 8, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 28, 2000, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Linda R. Alascia, Boca Raton, Florida, appellant in person.

Paul Savad, Nanuet, for Murray D. Kuhr, respondent.

Eliot Spitzer, Attorney-General (Carmen R. Torrent of counsel), New York City, for Commissioner of Labor, respondent.

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


MEMORANDUM AND ORDER

Claimant, an office assistant for a medical office, was granted a leave of absence on June 24, 1999 in order to attend to her father's funeral arrangements in Florida and was instructed to keep in touch with the employer regarding her return date. When claimant returned to New York and telephoned her supervisor on July 4, 1999, the supervisor admonished claimant regarding her failure to previously inform her when she was returning to work. An argument ensued during which claimant stated that she could no longer work for the employer and hung up the telephone. Claimant testified that she would have continued working if the supervisor had apologized. Under these circumstances, we conclude that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause. Although claimant contends that she was forced to leave her job because she felt harassed and belittled, her complaints amount to an inability to get along with her supervisor, which generally does not constitute good cause for leaving employment (see, Matter of Loria [Commissioner of Labor], 254 A.D.2d 676; Matter of Toth [Sweeney], 244 A.D.2d 752; Matter of Layton [Hudacs], 196 A.D.2d 943).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Alascia

Appellate Division of the Supreme Court of New York, Third Department
Mar 8, 2001
281 A.D.2d 739 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Alascia

Case Details

Full title:IN THE MATTER OF THE CLAIM OF LINDA R. ALASCIA, Appellant. MURRAY D. KUHR…

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

Date published: Mar 8, 2001

Citations

281 A.D.2d 739 (N.Y. App. Div. 2001)
721 N.Y.S.2d 427

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