Summary
finding that claimant who accepted early retirement incentive from Air Force in face of downsizing but who was never told her position would be abolished had voluntarily left her employment without cause
Summary of this case from Brady v. Board of ReviewOpinion
May 1, 1997
Appeal from the Unemployment Insurance appeal Board.
Due to the down-sizing at Griffiss Air Force Base in the City of Rome, Oneida County, claimant, a supply technician, accepted a voluntary early retirement incentive which included a $25,000 lump-sum payment. Thereafter, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits on the ground that she voluntarily left her employment without good cause. Although it is uncertain whether claimant would have been displaced by another employee as a result of her employer's down-sizing efforts, claimant was never told that her position would be abolished; in fact, her position was not affected by the down-sizing efforts. Because claimant chose to take advantage of the early retirement program despite continuing work being available to her, we find that the Board's decision is supported by substantial evidence and must be affirmed ( see, Matter of Russo [Sweeney], 235 A.D.2d 895; Matter of Bolognini [Defense Logistics Agency — Sweeney], 231 A.D.2d 793; Matter of Loia [Defense Logistics Agency — Sweeney], 228 A.D.2d 847). Claimant's remaining contentions have been reviewed and found to be without merit.
Mikoll, J.P., Mercure, White, Casey and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.