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In the Matter of Cuomo-Perez

Appellate Division of the Supreme Court of New York, Third Department
Jan 22, 2004
3 A.D.3d 777 (N.Y. App. Div. 2004)

Opinion

94416.

Decided and Entered: January 22, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 30, 2002, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Florence Cuomo-Perez, Hackensack, New Jersey, appellant pro se.

Before: Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

Claimant left her employment as a principal administrative accountant in order to take advantage of an early retirement incentive package. The Unemployment Insurance Appeal Board ruled that claimant voluntarily left her employment without good cause. Leaving one's employment to accept an early retirement incentive package, when, as here, continuing work is available, does not constitute good cause for leaving employment (see Matter of Moisides [Commissioner of Labor], 264 A.D.2d 879; Matter of Joseph [Sweeney], 246 A.D.2d 944). Although claimant testified that she was strongly encouraged to take the retirement package and there were discussions regarding possible layoffs, she was never told that she would be fired or laid off in the event that she declined the retirement offer. Inasmuch as substantial evidence supports the Board's decision, it will not be disturbed. In view of the forgoing, we also find no reason to disturb the Board's finding that claimant made willful false statements to obtain benefits when she indicated that her employment ended due to lack of work.

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

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Cuomo-Perez

Appellate Division of the Supreme Court of New York, Third Department
Jan 22, 2004
3 A.D.3d 777 (N.Y. App. Div. 2004)
Case details for

In the Matter of Cuomo-Perez

Case Details

Full title:IN THE MATTER OF THE CLAIM OF FLORENCE CUOMO-PEREZ, Appellant…

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

Date published: Jan 22, 2004

Citations

3 A.D.3d 777 (N.Y. App. Div. 2004)
770 N.Y.S.2d 799

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