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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Michael J. Donnelly,  Petitioner  : :  
:  
v.  :  No. 2496 C.D. 2009  
:  
Unemployment Compensation Board of Review,  : :  Submitted: July 2, 2010  
Respondent  :  

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge HONORABLE ROBERT SIMPSON, Judge  HONORABLE JIM FLAHERTY, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY JUDGE SIMPSON FILED: September 20, 2010
In this appeal,1 Michael J. Donnelly (Claimant) asks whether the
Unemployment Compensation Board of Review (Board) erred in denying him
unemployment benefits.  The Board denied Claimant benefits on the grounds
Claimant voluntarily quit his employment to accept an early retirement incentive
and, had he not done so, he would not have been laid off based on his years of
seniority.
1 Before this Court are four other related cases: Lawrence v. Unemployment Comp. Bd. of Review, (Dkt. No. 2313 C.D. 2009, filed September 20, 2010); Bixler v. Unemployment Comp. Bd. of Review, (Dkt. No. 2314 C.D. 2009, filed September 20, 2010); Diehl v. Unemployment Comp. Bd. of Review, ___ A.3d ___ (Pa. Cmwlth., Dkt. No. 2421 C.D. 2009, filed September 20, 2010); and, Dehoff v. Unemployment Comp. Bd. of Review, (Dkt. No. 275
C.D. 2010, filed September 20, 2010).  This Court issued orders permitting the Petitioners in those cases to proceed seriatim with this appeal.
The petitioners in all five cases are joined by the Pennsylvania AFL-CIO as amicus curiae.
Claimant adopts by reference the arguments made by the petitioner/claimant in Diehl v. Unemployment Compensation Board of Review, ___ A.3d ___ (Pa. Cmwlth., Dkt. No. 2421 C.D. 2009, filed September 20, 2010). There, the claimant primarily argued the Board

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