Matter of Basciano (Commissioner of Labor)

Matter of Basciano (Commissioner of Labor) 2013 NY Slip Op 08179 Decided on December 5, 2013 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 5, 2013
516614 In the Matter of the Claim of

[*1]LAWRENCE W. BASCIANO, Appellant.

and

COMMISSIONER OF LABOR, Respondent.

Calendar Date: October 22, 2013
Before: Lahtinen, J.P., Stein, McCarthy and Spain, JJ.


Lawrence W. Basciano, St. Petersburg, Florida,
appellant pro se.


MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 21, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, a credit manager, notified the employer that he was overwhelmed and was going to look for other work. He further agreed to leave when his replacement was hired, even if he had not yet secured a new job. Claimant's replacement began working approximately two weeks later, marking the end of his employment. Inasmuch as claimant agreed to leave his position even if he lacked a definite plan for future employment, substantial evidence supports the determination of the Unemployment Insurance Appeal Board disqualifying him from receiving unemployment insurance benefits (see Matter of Solano [Commissioner of Labor], 50 AD3d 1425, 1426 [2008]; Matter of Kennedy [Commissioner of Labor], 294 AD2d 700, 700 [2002]).

Lahtinen, J.P., Stein, McCarthy and Spain, JJ., concur.

ORDERED that the decision is affirmed, without costs.