Opinion
June 24, 1993
Appeal from the Unemployment Insurance Appeal Board.
Claimant quit his temporary job as a data processing analyst to relocate to the State of Washington in order to take permanent employment as a real estate broker. Before claimant left his employer offered him a permanent position. Claimant declined the offer as he had already made the decision to move to Washington. Claimant quit his job effective December 31, 1990. Upon taking and passing his real estate brokers' license examination, which was required before he could start his new job, claimant commenced working in Washington on February 6, 1991. Claimant sought unemployment insurance benefits from January 1, 1991 to February 5, 1991. The decision of the Unemployment Insurance Appeal Board that claimant's relocation to Washington while work was still available constituted a voluntary separation from employment without good cause is supported by substantial evidence and must, therefore, be upheld (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714; Matter of Sillan [French Tel. Cable Co. — Levine], 53 A.D.2d 719). Finally, the unemployment insurance benefits that claimant received were properly recoverable (see, Labor Law § 597).
Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.