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IN THE MATTER OF THE CLAIM OF MARIA R. PENIGIAN, Appellant. COMMISSIONER OF LABOR, Respondent.

MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment as an under butler valet without good cause. The record establishes that claimant resigned from her employment because she claimed that the employer spoke to her in a harsh manner and she was unhappy with her task of retrieving the newspaper two mornings a week. It is well settled that failure to get along with one's employer or coworkers who are perceived as unduly harsh or critical does not necessarily constitute good cause for leaving employment (see Matter of Micara [Commissioner of Labor], 307 A.D.2d 568, 569; Matter of Cioffi [Commissioner of Labor], 297 A.D.2d 854, 854-855), nor does dissatisfaction with one's work assignment (see Matter of Chipman [Commissioner of Labor], 308 A.D.2d 652, 652; Matter of Yap [Richard Wonder Assoc. — Commissioner of Labor], 257 A.D.2d 831, 832). Under the circumstances presented here, we find no reason to disturb the Board's decision.

Cardona, P.J., Mercure, Peters, Lahtinen and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.

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IN THE MATTER OF PENIGIAN
(Feb 5, 2004)