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Matter of the Claim of Sanchez

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 796 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: July 12, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2000, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Tomas Sanchez, Spring Hill, Florida, appellant in person.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: Mercure, J.P., Crew III, Spain, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a mechanic, was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant testified that he resigned from his employment due to depression because his request to be transferred to another department and away from his supervisor was denied as a result of a poor performance evaluation. Although claimant attributed his depression to his job situation, claimant admitted that he was not medically advised to leave his employment (see, Matter of Levinn [Commissioner of Labor], 249 A.D.2d 856, 857; Matter of Robinson [Sweeney], 245 A.D.2d 939, 940). Accordingly, we find no reason to disturb the Board's decision.

Mercure, J.P., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Sanchez

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 796 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Sanchez

Case Details

Full title:In the Matter of the Claim of TOMAS SANCHEZ, Appellant. COMMISSIONER OF…

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

Date published: Jul 12, 2001

Citations

285 A.D.2d 796 (N.Y. App. Div. 2001)
729 N.Y.S.2d 796

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