In re the Claim of Abadi (53 A.D.2d 768, 1976)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed Novembér 24, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground that he left his employment voluntarily and without good cause and willfully made false statements to obtain benefits. The claimant was on vacation from June 7 to July 7, 1975. He contends that the employer informed him that he was "fired”. He filed for benefits alleging he was fired for "no reason”. The employer’s representative testified that on June 18 the claimant went to the employer’s place of business and advised the employer he was resigning. When asked to put his resignation in writing, he refused. Thereafter the employer wrote the claimant—who acknowledged receipt of the letter—advising him to report for work on July 8, which he refused to do. The board found that the credible evidence indicated that the claimant was not discharged by the employer, but quit his job, and that he voluntarily left his employment without good cause and willfully misrepresented the reason for leaving his employment. The issues involved in this appeal are factual and there is, on the record, substantial evidence to sustain the finding (see Matter of Fazio [Levine], 49 AD2d 790). Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.