Maybe Chamaecyparis nootkatensis âÂÂAurea Variegataâ ?

Frank

When I crush the foliage it smells different than a 'Nootkatensis'.
The shape is that of an 'Emerald'.
Mike

Looks sickly, with lots of dead foliage. I'd just get rid of it and not worry about the name (other than to avoid buying the same again!), and plant something else nicer.

Resin

Thuja occidentalis "Smaragd Variegated"

Clement

Resin, I have two of them. Both given to me as gifts. The other one looks so bad I didn't want to post it here. Still don't. I thought I could make them look better over time. That hasn't happened.
Hate to have a bad apple spoil the look of the garden just because of the collector in me.
I will take your advice Resin and get rid of it.
Clement, thank you for the identification. I will include it with the RIP.
Mike

Like Clément said, it's a variegated mutation of the 'Smaragd'.
This kind of mutation is very common for this cultivar, I see it regulary here at my nursery but I don't propagate these anymore because the yellow parts will burn all the time or they will revert back to normal green...