IN RE: the Claim of Benoit KABAYIZA

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

IN RE: the Claim of Benoit KABAYIZA, Appellant. Commissioner of Labor, Respondent.

Decided: October 27, 2005

Before:  CARDONA, P.J., MERCURE, CARPINELLO, LAHTINEN and KANE, JJ. Benoit Kabayiza, Buffalo, appellant pro se. Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 23, 2004, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant worked in the slicing department of a food processing company from August 2001 until December 2003.   During this time, he also attended school.   After experiencing problems with his supervisor and accumulating nearly the maximum number of adverse points under the employer's attendance policy, claimant resigned from his position, purportedly due to his school schedule.   The Unemployment Insurance Appeal Board disqualified him from receiving unemployment insurance benefits on the basis that he voluntarily left his employment without good cause and adhered to this decision upon reconsideration.   Claimant appeals.

 We affirm.   Quitting a job in anticipation of being discharged (see Matter of Hobson-Williams [Commissioner of Labor], 10 A.D.3d 749, 750, 781 N.Y.S.2d 530 [2004];  Matter of Santiago [Commissioner of Labor], 308 A.D.2d 674, 764 N.Y.S.2d 659 [2003] ) or due to the inability to get along with a supervisor (see Matter of Ruballo [Commissioner of Labor], 286 A.D.2d 817, 818, 730 N.Y.S.2d 367 [2001];  Matter of Gallagher [Commissioner of Labor], 273 A.D.2d 662, 662, 711 N.Y.S.2d 343 [2000], lv. denied 95 N.Y.2d 769, 722 N.Y.S.2d 472, 745 N.E.2d 392 [2000] ) does not constitute good cause for leaving employment.   Here, claimant admitted that he was not comfortable with his supervisor and decided to resign rather than be terminated due to poor attendance using his school schedule as the excuse for leaving his job.   Under these circumstances, substantial evidence supports the Board's decision that claimant left his employment for personal and noncompelling reasons.

ORDERED that the decision is affirmed, without costs.

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