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MATTER OF RIZZA

506980

67 A.D.3d 1239 (2009)

889 N.Y.S.2d 123

2009 NY Slip Op 08554

In the Matter of RALPH G. RIZZA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 19, 2009.

Claimant worked as a cook at a nursing home for a little over two years. Following an argument with the head chef, claimant resigned from his position. The Unemployment Insurance Appeal Board disqualified him from receiving unemployment insurance benefits on the basis that he voluntarily left his employment without good cause. Claimant now appeals.

It is well settled that harsh criticism from a supervisor (see Matter of Orrijola [Commissioner of Labor],

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