In re the Claim of Pencola
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.