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In re Claim of Fata

Supreme Court of New York, Third Department

March 20, 2014

In the Matter of the Claim of FRANCIS L. FATA, Appellant. and COMMISSIONER OF LABOR, Respondent.

Calendar Date: January 21, 2014

Francis L. Fata, Whitestone, appellant pro se.

Before: Lahtinen, J.P., Stein, Garry and Egan Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 1, 2011, 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 voluntarily left his employment as a pharmacist without good cause. Claimant quit after receiving his first pay check which failed to reflect any contribution to his retirement account for the pay period, and which claimant testified was a term and condition of his employment. Although the employer testified that contributions to claimant's retirement account were discussed, the employer also stated that there was no definite agreement as to the amount or at what point the contributions were to be made. It is within the purview of the Board to resolve any conflict in the testimony presented (see Matter of Barone [Commissioner of Labor], 108 A.D.3d 918, 919 [2013]; Matter of Friedland [Sweeney], 237 A.D.2d 765, 765-766 [1997]). In light of the fact that the Board credited the employer's version of events, the record indicates that claimant left his employment for personal and noncompelling reasons (see Matter of Arbitaljacoby [Commissioner of Labor], 10 A.D.3d 760, 760 [2004]; Matter of Friedland [Sweeney], 237 A.D.2d at 765). Accordingly, the Board's decision will not be disturbed.

Lahtinen, J.P., Stein, Garry and Egan Jr., JJ., concur.

ADJUDGED that the decision is affirmed, without costs.


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