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Matter of Zimmer

Appellate Division of the Supreme Court of New York, Third Department
Jan 20, 2000
268 A.D.2d 864 (N.Y. App. Div. 2000)

Opinion

January 20, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 28, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Julie L. Zimmer, Penfield, appellant in person.

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

Before: MERCURE, J.P., PETERS, CARPINELLO, GRAFFEO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause when she walked off the job in the middle of an argument with the employer. Significantly, criticism by a supervisor does not necessarily constitute good cause for leaving one's employment, even where harsh words are used or the supervisor is perceived as unduly critical (see,Matter of Viruet [McKenzie, McGhee Harper — Sweeney], 245 A.D.2d 707). The conflicting testimony concerning the circumstances surrounding claimant's separation from employment merely raised a credibility issue that the Board was free to resolve in the employer's favor (see, Matter of Singh [Sweeney], 247 A.D.2d 666). We have considered claimant's remaining arguments and find them to be unpersuasive.

Mercure, J.P., Peters, Carpinello, Graffeo and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Zimmer

Appellate Division of the Supreme Court of New York, Third Department
Jan 20, 2000
268 A.D.2d 864 (N.Y. App. Div. 2000)
Case details for

Matter of Zimmer

Case Details

Full title:In the Matter of the Claim of JULIE L. ZIMMER, Appellant. COMMISSIONER OF…

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

Date published: Jan 20, 2000

Citations

268 A.D.2d 864 (N.Y. App. Div. 2000)
700 N.Y.S.2d 778

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