IN RE: the Claim of Rosemarie LORIA

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Rosemarie LORIA, Appellant. Commissioner of Labor, Respondent.

Decided: October 29, 1998

Before CREW, J.P., and PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ. Rosemarie Loria, Canandaigua, appellant in person.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 12, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as a part-time restaurant server.   When the employer's general manager suspected that claimant was engaging in a personal telephone call, he instructed her that the employer's telephone was to be used for business and emergency purposes only.   Claimant felt humiliated by the accusation and resigned from her employment.   Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause.   Criticism by a supervisor has been held not to constitute good cause for leaving one's employment, even where harsh words are used or the supervisor is perceived as unduly critical (see, Matter of Viruet [McKenzie, McGhee & Harper-Sweeney], 245 A.D.2d 707, 666 N.Y.S.2d 310;  Matter of Toth [Sweeney], 244 A.D.2d 752, 664 N.Y.S.2d 489).   We have reviewed claimant's remaining contentions and find them to be lacking in merit.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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