In re the Claim of Kunzler
Opinion of the Court
Substantial evidence supports the Board’s decision. At the administrative hearing, claimant’s supervisor acknowledged that certain bookkeeping errors had been made; however, she testified that the mistakes were unintentional and the staff was actively engaged in remedying them. She also testified that the employer’s funding was monitored through annual audits and the employer never lost any funding nor was fined as a result of mismanagement. Notably, claimant presented no evidence of misconduct on the employer’s part. Furthermore, she conceded in her hearing testimony that the employer did not ask her to do anything illegal or inappropriate (see Matter of Furnia [Nothnagle Home Sec. — Sweeney], 222 AD2d 923, 924; Matter of Frenya [Sweeney], 212 AD2d 921). Inasmuch as substantial evidence supports the Board’s ruling that claimant left her employment for personal and noncompelling reasons, its decision disqualifying claimant from receiving benefits need not be disturbed.
Crew III, Peters, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.