In re the Claim of Pencola
Cases that cite this one
9 later published cases cite this decision.
- Matter of Hamlin (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2025)
- In re the Claim of Persaud (Appellate Division of the Supreme Court of New York 2013)
- In re the Claim of Persaud (Appellate Division of the Supreme Court of New York 2013)
- In re the Claim of Neely (Appellate Division of the Supreme Court of New York 2013)
- In re the Claim of Neely (Appellate Division of the Supreme Court of New York 2013)
- In re the Claim of Torres (Appellate Division of the Supreme Court of New York 2013)
- In re the Claim of Torres (Appellate Division of the Supreme Court of New York 2013)
- In re Wedgle (Appellate Division of the Supreme Court of New York 2012)
- In re Wedgle (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We affirm. Whether a claimant had good cause to leave employment is a factual determination within the province of the Board and its decision will not be disturbed when supported by substantial evidence (see Matter of Mkhitaryan [Commissioner of Labor], 86 AD3d 888, 888 [2011]; Matter of Heller [Paragon Motors of Woodside, Inc. — Commissioner of Labor], 83 AD3d 1229, 1229 [2011]). Here, the employer testified that claimant called in several hours before his scheduled shift and, upon reporting that he had transportation problems, claimant was offered a ride to the job site, but declined. Thereafter,
Lahtinen, J.R, Spain, Kavanagh, McCarthy and Egan Jr., JJ, concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.