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IN RE: the Claim of Gerardo ZEVALLOS, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 20, 1998, which ruled that claimant was disqualified from receiving unemployment benefits because he voluntarily left his employment without good cause.
The record indicates that claimant resigned his employment as a night watchman at a country club after being asked to cut some computer paper into pad-sized pieces, a task he had previously performed for the employer on a sporadic basis. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he voluntarily left his position without good cause. We affirm. This court has ruled that dissatisfaction with one's job responsibilities does not necessarily constitute good cause for leaving employment, especially in cases such as this where the claimant effectively waives any objections to the disputed duties by continuing to perform them without complaint (see, Matter of Papaleo [Commissioner of Labor], 250 A.D.2d 895, 673 N.Y.S.2d 226, lv. denied 92 N.Y.2d 807, 678 N.Y.S.2d 593, 700 N.E.2d 1229; Matter of Frankel [Sweeney], 236 A.D.2d 773, 774, 654 N.Y.S.2d 50). Notably, while claimant's version of the events surrounding his separation from employment differed from that of the employer, this merely raised an issue of credibility for resolution by the Board (see, Matter of Boyle [Sweeney], 247 A.D.2d 809, 668 N.Y.S.2d 514). Claimant's remaining contentions have been examined and found to be lacking in merit.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: January 20, 2000
Court: Supreme Court, Appellate Division, Third Department, New York.
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