[DOWNLOAD] "Matter Claim Linda A. Miller" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Linda A. Miller
- Author : Supreme Court of New York
- Release Date : January 21, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from benefits on
the ground she voluntarily left her employment without good cause (Labor Law, Γ§ 593, subd. 1, par. [a]). Claimant, a clerk
at Flushing Queens Post Office, was determined to have terminated her employment because she was not granted a change in hours
from the night to the day shift and because of alleged dirt and dust at the post office. The determination of the Federal
agency as to the cause of claimant's termination of employment is "final and conclusive" in the present proceeding (U. S.
Code, tit. 5, Γ§ 8506; Matter of Burchull [ Catherwood ], 25 A.D.2d 462). The sole issue is thus whether such facts warrant
the board's finding that claimant voluntarily left employment without good cause. The question of good cause is also factual
and thus the board's determination of that issue is final if supported by substantial evidence (Labor Law, Γ§ 623; Matter of
Lipschitz [ Lubin ], 7 A.D.2d 777). On the instant record we cannot say that the board could not find that her refusal to
continue work if she was not permitted to work during a daylight shift or alternatively because of the alleged working conditions
constituted a voluntary separation from employment without good cause within the meaning of the act. Claimant was clearly
apprised on taking the employment that it would possibly involve night work and for only one term of duty during her 2 1/2
years of employment had she worked wholly during daylight hours. We cannot say that the board was required to accept claimant's
position that she left employment for fear of her safety on returning home late at night (Matter of Fanzo [ Catherwood ],
29 A.D.2d 598; Matter of Bhaviakhinmontes [ Catherwood ], 26 A.D.2d 979). Nor was the board required to find that the working
conditions were worse than those prevailing in the area or if so that claimant was unaware thereof when she took employment
or that conditions worsened during employment (see Matter of Sellers [ Mays, Inc.], 13 A.D.2d 204). Moreover, there is no
medical proof that the alleged hours of work or working condition affected her health adversely (compare, Matter of Drach
[ Buffalo China, Inc.], 17 A.D.2d 998). Disposition Decision affirmed, without costs.