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IN THE MATTER OF MOLINARI v. COMMISSIONER OF LABOR

504128

2008 NY Slip Op 06490

IN THE MATTER OF the Claim of JOSEPH A. MOLINARI, Appellant, and COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 31, 2008.

Attorney(s) appearing for the Case

Joseph A. Molinari, Tuckahoe, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Before: Cardona, P.J., Peters, Carpinello, Lahtinen and Kavanagh, JJ.

MEMORANDUM AND ORDER

Claimant, a sales associate, asked that he be allowed to take Mother's Day 2007 off from work to spend time with his ailing mother-in-law and other family members. When that request ultimately was denied, claimant decided to resign rather than report to work as scheduled. It is well settled that resigning in anticipation of a future discharge does not constitute good cause for leaving one's employment (see Matter of Croughter [Commissioner...

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