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IN RE: the Claim of Jerome GREENSPAN, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 12, 2000, which denied claimant's application to reopen a previous decision of the Board.
Claimant was employed as a salesperson by the employer until he resigned after seven days. The record reveals that claimant initially received computer training when he commenced working for the employer, but requested and was given additional training when he was not satisfied with his level of proficiency. Claimant then resigned, stating that he felt he was not qualified for the position inasmuch as he is not computer literate. He made no effort to give the employer an opportunity to rectify the situation (see, Matter of Schell [Hudacs], 192 A.D.2d 1007, 597 N.Y.S.2d 482; see also, Matter of Caldarone [Commissioner of Labor], 270 A.D.2d 562, 703 N.Y.S.2d 599). Under the circumstances, the decision of the Unemployment Insurance Appeal Board that claimant left his employment for personal and noncompelling reasons, and therefore without good cause, is supported by substantial evidence (see, id.; see also, Matter of Aronson [Hudacs], 194 A.D.2d 1046, 599 N.Y.S.2d 872).
ORDERED that the decision is affirmed, without costs.
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Decided: June 14, 2001
Court: Supreme Court, Appellate Division, Third Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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