Marland v. Ambach

Herilhy, J. (dissenting).

The facts in this case reveal neither coercion nor duress which as a matter of law would render the resignation involuntary. (Cf. Matter of Sarle [Sperry Gyroscope Co. Div. of Sperry Rand Corp.], 4 AD2d 638, 641, affd 4 NY2d 917.) The protestations of the petitioner were simply an invalid attempt to have the best of two options available to her, but which were mutually exclusive. Her choice of retirement ended her controversy as to the validity of the employer’s action.

The majority’s reliance upon the case of Matter of Sarle (Sperry Gyroscope Co. Div. of Sperry Rand…