Appellate Division of the Supreme Court of New York, 1995

In re the Claim of Holly J.

In re the Claim of Holly J.
Appellate Division of the Supreme Court of New York · Decided May 11, 1995
215 A.D.2d 856; 626 N.Y.S.2d 979; 1995 N.Y. App. Div. LEXIS 5003
In re the Claim of Holly J.

Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 24, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s decision that claimant voluntarily left her position as a weight loss consultant without good cause. Although claimant occasionally worked through the 30-minute meal break to which she was entitled, this was a product of her own choice and not any compulsion by the employer. Moreover, despite the employer’s attempt to accommodate claimant’s personal situation, claimant was evidently *857still dissatisfied with her work schedule. Accordingly, the Board’s finding that claimant quit her job for personal and noncompelling reasons must be upheld.

Cardona, P. J., Mercure, White, Casey and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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