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Matter of Silver

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 996 (N.Y. App. Div. 1992)

Opinion

February 27, 1992

Appeal from the Unemployment Insurance Appeal Board.


Claimant's case was reopened by the Unemployment Insurance Appeal Board solely for the purpose of determining whether there was compliance with the consent judgment in Municipal Labor Comm. v. Sitkin ( 683 F. Supp. 353). The Board found no substantial procedural violations and therefore adhered to its prior decision disqualifying claimant from receiving benefits. Insofar as claimant fails to allege any procedural errors on this appeal, the Board's decision should be upheld. In any event, on her claim form for unemployment insurance benefits claimant stated that she left because she did not want to work as hard anymore; at the hearing she stated she left because her health was deteriorating. Claimant received no medical advice, however, that she should leave her job (see, Matter of Chawkin [Catherwood], 18 A.D.2d 750). Under the circumstances and on the record before us, there is substantial evidence in the record to support the Board's conclusion that claimant voluntarily left her employment without good cause (see, Matter of Logan [Levine], 52 A.D.2d 679, lv denied 39 N.Y.2d 709).

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Silver

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 996 (N.Y. App. Div. 1992)
Case details for

Matter of Silver

Case Details

Full title:In the Matter of the Claim of ROSE SILVER, Appellant. JOHN F. HUDACS, as…

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

Date published: Feb 27, 1992

Citations

180 A.D.2d 996 (N.Y. App. Div. 1992)
580 N.Y.S.2d 584