In re the Claim of Pepino
Opinion of the Court
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 8, 1982, which ruled that claimant was entitled to receive benefits. Claimant was a production manager who had worked for his employer over 12 years when his employment terminated on March 2,1982. It appears that claimant felt his workload had become increasingly burdensome and finally informed the employer of his desire to leave on that date. The local office denied claimant’s subsequent claim for unemployment insurance benefits on the basis that he had voluntarily left his employment without good cause. This initial determination was sustained by the hearing officer. The board, however, reversed and ruled that claimant was entitled to benefits after finding that claimant was discharged from his employment after giving notice of his intention to leave after at least 30 days. This appeal by the employer ensued. There must be a reversal of the board’s decision since the finding that claimant was discharged from his job on March 2, 1982 is not supported by substantial evidence. The sole issue in this case up until the board’s decision was whether claimant’s reasons for leaving his job on March 2, 1982 constituted “good cause” within- the meaning of the Unemployment Insurance Law. All of the evidence in the record, including written documentation from both parties and their testimony before the hearing officers, indicates that claimant quit his job rather than being fired therefrom. Despite this, the board found that claimant was discharged. The board’s conclusion that claimant was discharged stems from an erroneous reading of Matter of Senator (Ross) (76 AD2d 652) and an unsupported interpretation of the events which transpired on March 2,1982. In Matter of Senator (Ross) (supra), a claimant was found to have been discharged and eligible for unemployment benefits when he was immediately terminated upon giving 30 days’ notice to his employer. In the instant case, there is no argument over what occurred between the parties
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