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In re Claim of DeJohn

Supreme Court of New York, Third Department

May 23, 2013

In the Matter of the Claim of THOMAS DeJOHN, Appellant. and COMMISSIONER OF LABOR, Respondent.

Calendar Date: April 3, 2013

Thomas S. DeJohn, Newark, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Before: Peters, P.J., Rose, Garry and Egan Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 29, 2012, which 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 truck driver without good cause (see Matter of Campisi [Commissioner of Labor], 101 A.D.3d 1219, 1219 [2012]) [1]. Claimant testified that he resigned in order to avoid any reduction of his Social Security benefits, and this does not constitute good cause for leaving employment (see Matter of Rizzicone [Commissioner of Labor], 32 A.D.3d 1056, 1057 [2006]; Matter of Balla [Sweeney], 227 A.D.2d 787, 787 [1996]). Accordingly, we find no basis to disturb the Board's decision.

Peters, P.J., Rose, Garry and Egan Jr., JJ., concur.

ORDERED that the decision is affirmed, without costs.


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