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Matter of the Claim of Viruet

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 2001
288 A.D.2d 738 (N.Y. App. Div. 2001)

Opinion

November 21, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 16, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Joaquin Viruet, New York City, appellant pro se.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

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


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment as a maintenance supervisor without good cause. Although claimant testified to being overworked due to a reduction in staff, he accepted the increased work load for over a year until he was eligible to receive Social Security benefits. Dissatisfaction with one's work responsibilities can be held not to constitute good cause for leaving employment, particularly where, as here, the increase in responsibilities was accepted for an extended period of time (see, Matter of Eck [Commissioner of Labor], 279 A.D.2d 690; Matter of Stoddard [Sweeney], 242 A.D.2d 817). Furthermore, the record establishes that claimant waited to resign until he was eligible for Social Security benefits (see, e.g., Matter of Grossman [Levine], 51 A.D.2d 853). Claimant's remaining contention has been reviewed and found to be without merit.

Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Viruet

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 2001
288 A.D.2d 738 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Viruet

Case Details

Full title:In the Matter of the Claim of JOAQUIN VIRUET, Appellant. COMMISSIONER OF…

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

Date published: Nov 21, 2001

Citations

288 A.D.2d 738 (N.Y. App. Div. 2001)
732 N.Y.S.2d 487