| Matter of DeJohn (Commissioner of Labor) |
| 2013 NY Slip Op 03740 [106 AD3d 1364] |
| May 23, 2013 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Claim of Thomas DeJohn, Appellant. Commissioner of Labor, Respondent. |
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Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of
counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 29, 2012, 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 was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment as a truck driver without good cause (see Matter of Campisi [Commissioner of Labor], 101 AD3d 1219, 1219 [2012]).[FN*] Claimant testified that he resigned in order to avoid any reduction of his Social Security benefits, and this does not constitute good cause for leaving employment (see Matter of Rizzicone [Commissioner of Labor], 32 AD3d 1056, 1057 [2006]; Matter of Balla [Sweeney], 227 AD2d 787, 787 [1996]). Accordingly, we find no basis to disturb the Board's decision.
Peters, P.J., Rose, Garry and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.