Opinion
93465
Decided and Entered: July 17, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 15, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Beatrice Carlson, Long Beach, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Before: Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment as an executive secretary without good cause. Criticism by an employer does not necessarily constitute good cause for leaving employment, even where the criticism is perceived to be unfair or unduly critical (see Matter of Pickard [Commissioner of Labor], 296 A.D.2d 696, lv denied 98 N.Y.2d 615; Matter of Zimmer [Commissioner of Labor], 268 A.D.2d 864). Although the employer admitted being annoyed with claimant's job performance at times, he denied her assertion that he yelled and screamed vulgarities at her and threw papers. This created a credibility issue which the Board was free to resolve in the employer's favor (see Matter of Pickard [Commissioner of Labor], supra at 696-697; Matter of Braband [RF Tech. — Sweeney], 239 A.D.2d 627, 628). To the extent that claimant sought medical attention due to job-related stress, the note she submitted from her physician, which was written after she quit, did not advise her that it was medically necessary or advisable for her to resign (see Matter of Mercier [Commissioner of Labor], 296 A.D.2d 761). Finally, as we have previously held, we reject claimant's remaining contention that the limit on claimant's counsel fees in unemployment insurance matters (see Labor Law § 538) is unconstitutional (see Matter of Hughes [Hartnett], 198 A.D.2d 647, 648, lv denied 83 N.Y.2d 751;Matter of Reich [Ross], 53 A.D.2d 925, 925-926).
Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur.
ORDERED that the decision is affirmed, without costs.