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IN RE: the Claim of Narissa H. HUGHES, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 30, 2005, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant left her employment as a lead person in the employer's shipping department when her request for a raise was denied. Dissatisfaction with one's salary does not constitute good cause for leaving employment (see Matter of Giovati [Commissioner of Labor], 4 A.D.3d 598, 598-599, 770 N.Y.S.2d 923 [2004], lv. denied 6 N.Y.3d 701, 810 N.Y.S.2d 415, 843 N.E.2d 1155 [2005]; Matter of Luta [Commissioner of Labor], 305 A.D.2d 786, 787, 759 N.Y.S.2d 800 [2003] ). Claimant's contention that she did not resign but was fired created a credibility issue for the Administrative Law Judge to resolve (see Matter of DeCarlo [Commissioner of Labor], 6 A.D.3d 1003, 776 N.Y.S.2d 133 [2004]; Matter of Spark [Commissioner of Labor], 290 A.D.2d 914, 915, 736 N.Y.S.2d 639 [2002], lv. denied 98 N.Y.2d 612, 749 N.Y.S.2d 4, 778 N.E.2d 555 [2002] ). Furthermore, the determination that she falsely represented on her application that she had been fired and is liable for recoverable overpayments is supported by substantial evidence (see Matter of Hobson-Williams [Commissioner of Labor], 10 A.D.3d 749, 750, 781 N.Y.S.2d 530 [2004]; Matter of Spark [Commissioner of Labor], supra at 915, 736 N.Y.S.2d 639).
ORDERED that the decision is affirmed, without costs.
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Decided: February 15, 2007
Court: Supreme Court, Appellate Division, Third Department, New York.
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