Eisenberg v. Catherwood

Decision Date29 April 1968
Citation29 A.D.2d 1019,289 N.Y.S.2d 498
PartiesClaim of Therese D. EISENBERG, Appellant, v. Martin P. CATHERWOOD, as Industrial Commissioner, Respondent.
CourtNew York Supreme Court — Appellate Division

Therese D. Eisenberg, pro se.

Louis J. Lefkowitz, Atty. Gen., for Ind. Comm'r.

Before GIBSON, P.J., and REYNOLDS, AULISI, STALEY and GABRIELLI, JJ.

GABRIELLI, Justice.

Appeal by he claimant from a decision of the Unemployment Insurance Appeal Board, filed March 13, 1967, disqualifying claimant from unemployment insurance benefits effective September 24, 1966.

After working some three weeks as a clerk-typist, claimant resigned because, as the board has found, she was 'dissatisfied due to the fact that there was practically no work' for her to perform. "The primary purpose of the law is to ease the hardship of involuntary unemployment due to economic conditions or other conditions beyond the control of the employee" (Matter of Shanley (Catherwood), 27 A.D.2d 496, 499, 280 N.Y.S.2d 619, 622; Labor Law § 501). Upon the findings made by the board, which find support in the record, the claimant's unilateral determination to cease her employment for her oft-stated reason of boredom, does not qualify her to receive benefits.

Decision affirmed, without costs.

GIBSON, P.J., and REYNOLDS, AULISI, and STALEY, JJ., concur.

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6 cases
  • Cooper v. University of Michigan
    • United States
    • Court of Appeal of Michigan — District of US
    • 15 Septiembre 1980
    ...the above criteria is the equivalent of "good cause". Plaintiff's attempt to distinguish the above cases and Eisenberg v. Catherwood, 29 App.Div. 1019, 289 N.Y.S.2d 498 (1968), on the ground that plaintiffs therein did not specifically request additional work is not persuasive since the arg......
  • Walsh v. Pluess-Staufer (Northamerican), Inc.
    • United States
    • New York Supreme Court
    • 1 Octubre 1971
    ...to enact laws for the protection of the lives, health, or safety of employees; * * *'; see also Matter of Eisenberg (Catherwood), 29 A.D.2d 1019, 289 N.Y.S.2d 498 (3rd Dept., 1968); Yoshi Ogino v. Black, 278 App.Div. 146 (1st Dept., 1951), aff'd 304 N.Y. 872 (1952)). The exercise of judgmen......
  • Bundy v. Grant
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Abril 1968
  • Claim of Macaluso
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Mayo 1993
    ...circumstances, the Board's decision is supported by substantial evidence and must therefore be upheld (see, Matter of Eisenberg [Catherwood ], 29 A.D.2d 1019, 289 N.Y.S.2d 498; Matter of Linker [Catherwood ], 27 A.D.2d 884, 277 N.Y.S.2d 831). Although claimant now contends that she resigned......
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