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Matter of Trella

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 970 (N.Y. App. Div. 1998)

Opinion

September 17, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant resigned from his employment working with troubled adolescents through a street outreach program claiming that he was concerned for his safety. The Unemployment Insurance Appeal Board found that claimant voluntarily left his employment without good cause and was therefore disqualified from receiving benefits. While fear for one's personal safety may constitute good cause for leaving employment ( see, Matter of Hughes [Hartnett], 198 A.D.2d 647, lv denied 83 N.Y.2d 751), the record in this matter does not support claimant's contention that he had reasonable grounds to believe that his safety was threatened. Although claimant testified that while he was working one night he overheard some individuals indicate that he should be assaulted, no action of any kind was taken. Moreover, claimant failed to report the incident to his supervisors. Under these circumstances, we conclude that substantial evidence supports the Board's finding that there were no reasonable grounds to conclude that claimant's safety was threatened while he was employed ( see, e.g., Matter of Torres [Sweeney], 241 A.D.2d 743; Matter of Clark [Capital Area Community Health Plan — Hartnett], 156 A.D.2d 909).

Cardona, P. J., Mikoll, White, Peters and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Trella

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 970 (N.Y. App. Div. 1998)
Case details for

Matter of Trella

Case Details

Full title:In the Matter of the Claim of JEFFREY T. TRELLA, Appellant. COMMISSIONER…

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

Date published: Sep 17, 1998

Citations

253 A.D.2d 970 (N.Y. App. Div. 1998)
677 N.Y.S.2d 823

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