IN RE: the Claim of Rosario F. SAGLIMBENI

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

IN RE: the Claim of Rosario F. SAGLIMBENI, Appellant. Commissioner of Labor, Respondent.

Decided: September 23, 1999

Before:  CARDONA, P.J., MERCURE, PETERS, SPAIN and MUGGLIN, JJ. Rosario F. Saglimbeni, New York City, appellant in person. Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 15, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

On August 30, 1997, claimant was questioned by his manager as to why he had arrived at work several hours late.   After informing the manager that he had a personal problem, he indicated that it would be his last day of work and handed the manager a resignation letter dated August 29, 1997.   In addition to citing stress caused by the job, claimant also testified regarding his dissatisfaction with the work environment, which included conflicts with his manager.   Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he voluntarily left his employment without good cause (see, Matter of Murray [Sweeney], 244 A.D.2d 649, 663 N.Y.S.2d 921).   Whether claimant was fired prior to handing in his resignation-as he contends-presented a credibility issue for resolution by the Board (see, Matter of Anthony [Commissioner of Labor], 257 A.D.2d 876, 684 N.Y.S.2d 72;  Matter of Odock [Commissioner of Labor], 254 A.D.2d 551, 552, 678 N.Y.S.2d 799).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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