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In the Matter of the Claim of Paulette M. Zerrillo

State of New York Supreme Court, Appellate Division Third Judicial Department


January 5, 2012

IN THE MATTER OF THE CLAIM OF PAULETTE M. ZERRILLO, APPELLANT. COMMISSIONER OF LABOR, RESPONDENT.

MEMORANDUM AND ORDER

Calendar Date: November 2, 2011

Before: Spain, J.P., Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 23, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant worked as a customer service representative for a dental office for approximately two months, at which point she received a poor performance evaluation and was advised that if she did not improve her performance within 30 days she would be terminated. Believing that her termination was inevitable because she would not be able to improve her performance, claimant resigned on her next scheduled work day. The Unemployment Insurance Appeal Board thereafter denied claimant's application for unemployment insurance benefits on the ground that she voluntarily left her employment without good cause. Claimant now appeals.

It is well settled that quitting in response to criticism by a supervisor or in anticipation of discharge does not constitute good cause for leaving one's employment (see Matter of Follette [Commissioner of Labor], 87 AD3d 1233, 1234 [2011]; Matter of Hull [Commissioner of Labor], 77 AD3d 1012, 1013 [2010]; Matter of Santiago [Commissioner of Labor], 308 AD2d 674, 674 [2003]; Matter of Bradley [Hudacs], 190 AD2d 949, 950 [1993]). Based upon this record, we find that the Board's decision that claimant voluntarily left her employment without good cause is supported by substantial evidence and must be upheld (see Matter of Seiglar [Commissioner of Labor], 51 AD3d 1118, 1118 [2008]; Matter of Santiago [Commissioner of Labor], 308 AD2d at 674).

Spain, J.P., Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20120105

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