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Matter of Wolfenburg

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 827 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant resigned from his position as director of computer support at a State university after receiving an unfavorable performance evaluation from his supervisor. Substantial evidence supports the Unemployment Insurance Appeal Board's decision finding that claimant voluntarily left his employment without good cause. Neither criticism from nor conflict with one's supervisor constitutes good cause for leaving one's employment ( see, Matter of Collins [Sweeney], 239 A.D.2d 758, 759). While claimant testified that stress and hypertension engendered by his employment caused him to quit his position, no evidence was presented to establish that claimant's physician advised him to resign ( see, Matter of Krinsky [Sweeney], 238 A.D.2d 659). We find no error in the Administrative Law Judge's denial of claimant's request to subpoena various witnesses since the record supports the conclusion that their testimony would have been irrelevant given their lack of knowledge regarding the facts surrounding claimant's resignation ( see, Matter of David [Hudacs], 193 A.D.2d 995, 996, lv denied 82 N.Y.2d 663, cert denied 513 U.S. 1117). We have considered claimant's remaining contentions and find them to be unpersuasive.

Mercure, J.P., Casey, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Wolfenburg

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 827 (N.Y. App. Div. 1997)
Case details for

Matter of Wolfenburg

Case Details

Full title:In the Matter of the Claim of ANDREW W. WOLFENBURG, Appellant. JOHN E…

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

Date published: Sep 11, 1997

Citations

242 A.D.2d 827 (N.Y. App. Div. 1997)
662 N.Y.S.2d 276

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