In re the Claim of Polese
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 1, 1997, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
After being informed that his full-time position as a bus driver for a State mental hospital was targeted for a layoff, claimant accepted an early retirement incentive package instead of inquiring about retaining a job through his seniority bumping rights. Claimant thereafter resigned from his part-time position as a custodian for the North Babylon School District (hereinafter the School District) in Suffolk County so that he would be able to immediately draw on his pension from his full-time employer; claimant would not have been able to do this while the School District was still contributing to his pension fund. The Unemployment Insurance Appeal Board ultimately ruled, inter alia, that claimant was disqualified from receiving benefits because he voluntarily left his employment with the School District without good cause.
We affirm. Notwithstanding claimant’s testimony that he did not intend to resign but merely wanted to cease any further contribution to his pension fund by the School District, thereby entitling him to immediate receipt of his pension, the Board was free to credit the conflicting testimony of a representative
Cardona, P. J., Mercure, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.