In re the Claim of Neely
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 6, 2012, which, among other things, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
After claimant resigned her position as the director of a church day-care center, her application for unemployment insurance benefits was contested by the employer, and the Department of Labor issued an initial determination disqualifying claimant from receiving benefits. Following hearings, the Administrative Law Judge determined that claimant’s application should be granted. Upon review, however, the Unemployment Insurance Appeal Board ruled that claimant voluntarily separated from her employment for personal and noncompelling reasons. Claimant now appeals.
We affirm. “[W]hether a claimant has good cause to leave his or her employment is a factual question for the Board to resolve and its decision will not be disturbed if supported by substantial evidence” (Matter of Mkhitaryan [Commissioner of Labor], 86 AD3d 888, 888 [2011] [internal quotation marks and citation omitted]; see Matter of Pierre-Louis [Commissioner of Labor], 106 AD3d 1362, 1362 [2013]; Matter of Pencola [Commissioner of Labor], 92 AD3d 1009, 1009 [2012]). Here, claimant testified that she resigned because she believed the employer took insuf-
Peters, EJ., Stein, Garry and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
Although claimant was upset by an earlier instruction to post a sign indicating that only children and their parents were allowed in the area of the day care due to “testing” because she felt she was being asked to lie, the Board ruled that this was a safety measure and “was not so egregious, on its own, to give the claimant good cause to quit.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.