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In re Claim of Louis

Supreme Court of New York, Third Department

September 19, 2013

In the Matter of the Claim of YVES LOUIS, Appellant.
v.
COMMISSIONER OF LABOR, Respondent. and

Calendar Date: July 29, 2013

Yves Louis, New York City, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

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

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 18, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant worked as a parking attendant for the employer, occasionally filling in as a cashier. The employer declined to permanently assign claimant as a cashier, prompting claimant to stop working in protest. Claimant's subsequent application for unemployment insurance benefits was rejected by the Unemployment Insurance Appeal Board because he had voluntarily left his employment without good cause. This appeal ensued.

Substantial evidence supports the Board's decision and, accordingly, we affirm. Dissatisfaction with job responsibilities or promotional opportunities do not constitute good cause for leaving employment (see Matter of Bingel [Commissioner of Labor], 306 A.D.2d 780, 781 [2003]; Matter of Schachtman [Commissioner of Labor], 286 A.D.2d 790, 790 [2001], lv denied 97 N.Y.2d 607 [2001]). Claimant worked as a parking attendant for several years after his supervisor agreed to "recommend" him for the cashier position and, under these circumstances, the Board was free to reject claimant's assertion that he had been guaranteed a transfer (see Matter of Mannetta [Sweeney], 246 A.D.2d 699, 699 [1998]; Matter of Kleparek [Town of Newstead-Hudacs], 211 A.D.2d 935, 935 [1995]).

Peters, P.J., Lahtinen, Spain and Egan Jr., JJ., concur.

ORDERED that the decision is affirmed, without costs.


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