IN RE: the Claim of Lawrence L. SIMON

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

IN RE: the Claim of Lawrence L. SIMON, Appellant. Commissioner of Labor, Respondent.

Decided: October 26, 2000

Before:  MERCURE, J.P., CREW III, GRAFFEO, MUGGLIN and LAHTINEN, JJ. Lawrence L. Simon, Newtonville, appellant in person. Eliot Spitzer, Attorney General (Bessie Bazile of counsel), New York City, for respondent.

Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed January 7, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause, and (2) from a decision of said Board, filed June 8, 2000, which denied claimant's application for reconsideration.

 We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment without good cause.   Quitting in response to criticism by a supervisor has been held not to constitute good cause for leaving one's employment (see, Matter of Spaulding [Commissioner of Labor], 264 A.D.2d 881, 882, 694 N.Y.S.2d 813).   Whether claimant quit or was fired on the day in question presented a credibility issue for resolution by the Board (see, Matter of Mesidor [Sweeney], 247 A.D.2d 696, 668 N.Y.S.2d 782).   We have considered claimant's remaining arguments and find them to be unpersuasive.

ORDERED that the decisions are affirmed, without costs.

MEMORANDUM DECISION.

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