From Casetext: Smarter Legal Research

Matter of Kaufman

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2000
270 A.D.2d 558 (N.Y. App. Div. 2000)

Opinion

March 2, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 27, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Lillian Kaufman, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Marjorie S. Leff of counsel), New York City, for respondent.

Before: MERCURE, J.P., PETERS, CARPINELLO, GRAFFEO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

Claimant, a mammography technologist, voluntarily left her employment in order to relocate to another county to attend to property she owned there. Thereafter, claimant applied for unemployment insurance benefits and was found to be disqualified from receiving benefits because she voluntarily left her employment without good cause. The Unemployment Insurance Appeal Board affirmed this decision and claimant now appeals. We affirm.

Claimant's relocation to sell property in another county while employment was still available constituted a voluntary separation from employment without good cause. Accordingly, we find that substantial evidence supports the Unemployment Insurance Appeal Board's ruling (see, Matter of Carrasquillo [Commissioner of Labor], 250 A.D.2d 910; Matter of Montgomery [Hudacs], 194 A.D.2d 1041).

Finally, the unemployment insurance benefits that claimant received were properly recoverable (see, Labor Law § 597 Lab. [4]).

MERCURE, J.P., PETERS, CARPINELLO, GRAFFEO and MUGGLIN, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Kaufman

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2000
270 A.D.2d 558 (N.Y. App. Div. 2000)
Case details for

Matter of Kaufman

Case Details

Full title:In the Matter of the Claim of LILLIAN KAUFMAN, Appellant. COMMISSIONER OF…

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

Date published: Mar 2, 2000

Citations

270 A.D.2d 558 (N.Y. App. Div. 2000)
703 N.Y.S.2d 586

Citing Cases

Matter of Claim of Estevez

btain a leave of absence. When claimant returned to the United States and contacted the employer in January…