Legal Opinion

In re the Claim of Pencola

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2012PublishedCited by 9 opinions

1Opinion of the Court

We affirm. Whether a claimant had good cause to leave employment is a factual determination within the province of the Board and its decision will not be disturbed when supported by substantial evidence (see Matter of Mkhitaryan [Commissioner of Labor], 86 AD3d 888, 888 [2011]; Matter of Heller [Paragon Motors of Woodside, Inc. — Commissioner of Labor], 83 AD3d 1229, 1229 [2011]). Here, the employer testified that claimant called in several hours before his scheduled shift and, upon reporting that he had transportation problems, claimant was offered a ride to the job site, but declined.…

2Cases cited6 opinions

  1. In re the Claim of ZaydmanAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re the Claim of HellerAppellate Division of the Supreme Court of the State of New York · 2011
  3. In re the Claim of MkhitaryanAppellate Division of the Supreme Court of the State of New York · 2011
  4. In re the Claim of MorarAppellate Division of the Supreme Court of the State of New York · 2011
  5. In re the Claim of CruseAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by9 opinions

  1. In re WedgleAppellate Division of the Supreme Court of the State of New York · 2012
  2. In re WedgleAppellate Division of the Supreme Court of the State of New York · 2012
  3. In re the Claim of NeelyAppellate Division of the Supreme Court of the State of New York · 2013
  4. In re the Claim of NeelyAppellate Division of the Supreme Court of the State of New York · 2013
  5. In re the Claim of PersaudAppellate Division of the Supreme Court of the State of New York · 2013

4 more not listed; retrieve them via the Exa API.

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