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In the Matter of the Claim of v. Commissioner of Labor

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


December 6, 2012

IN THE MATTER OF THE CLAIM OF BARNEY CAMPISI JR., APPELLANT.
v.
COMMISSIONER OF LABOR, RESPONDENT.

MEMORANDUM AND ORDER

Calendar Date: October 29, 2012

Before: Peters, P.J., Rose, Spain, Kavanagh and Garry, JJ.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 16, 2011, which, upon resettlement, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment as a used car salesman without good cause. Claimant testified that he was entitled to lump-sum retirement benefits from Social Security that would be reduced if he continued to work, and admittedly told his employer that he was quitting to obtain those benefits. Resigning to obtain Social Security benefits "does not constitute good cause for leaving employment," and the Board was free to reject claimant's assertion that he actually quit his job for other reasons (Matter of Rizzicone [Commissioner of Labor], 32 AD3d 1056, 1057 [2006]; see Matter of Berlowitz [Brighton Cent. School Dist.--Commissioner of Labor], 12 AD3d 763, 764 [2004]).

Peters, P.J., Rose, Spain, Kavanagh and Garry, JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20121206

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