Learn About the Law
Get help with your legal needs
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.
IN RE: the Claim of Marina C. NADLER, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 2, 1999, which, upon reconsideration, adhered to its previous decision ruling 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 voluntarily left her employment as an account and budget analyst without good cause. The employer's testimony, credited by the Board, established that claimant refused to return to work following her maternity and short-term disability leave because she was not satisfied with the reduced working schedule offered by the employer. While claimant maintained that her inability to return to work as scheduled was due to medical and child care problems, the Board, in the exercise of its power to determine issues of credibility, rejected such testimony. Under the circumstances presented here, we find no reason to disturb the Board's decision (see generally, Matter of Vitale [Commissioner of Labor], 263 A.D.2d 758, 692 N.Y.S.2d 850; Matter of Olawale [Commissioner of Labor], 254 A.D.2d 552, 678 N.Y.S.2d 683).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: July 20, 2000
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
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.
Search our directory by legal issue
Enter information in one or both fields (Required)