Application for unemployment insurance after resignation rejected
Barry v Commissioner of Labor, 284 AD2d 701
Miriam R. Barry, a part-time teacher, applied for unemployment insurance benefits after resigning from her position. The Unemployment Insurance Appeal Board ruled that Barry was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
The Appellate Division found that substantial evidence supported the Board's decision since Barry resigned from her part-time employment as a teacher to avoid possible scheduling conflicts with any potential new employment.
Although Barry was in the process of looking for a new job, she had no firm offer of new employment at the time she resigned. Since she resigned notwithstanding the fact that “continuing work was available,” the court said that it found “no reason to disturb the Board's decision.”