From Casetext: Smarter Legal Research

Matter of Warmsley

Appellate Division of the Supreme Court of New York, Third Department
Sep 14, 2006
32 A.D.3d 1059 (N.Y. App. Div. 2006)

Opinion

500098.

September 14, 2006.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 6, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Michelle F. Warmsley, Reynoldsberg, Ohio, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

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


Claimant relocated from New York to Ohio and was employed as a treasury supervisor at a bank from September 20, 2004 until she resigned on November 17, 2004. Claimant testified that she resigned because her daughter, who was unhappy about the relocation, had run away and her father's deteriorating health required round-the-clock care. The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. We affirm.

Claimant's supervisor testified that claimant never discussed the seriousness of her family situation or ascertained whether some type of leave of absence was available prior to resigning. Under these circumstances, substantial evidence supports the Board's decision that claimant failed to take reasonable steps to protect her employment prior to resigning ( see Matter of Nunez [Commissioner of Labor], 20 AD3d 848; Matter of Uemura [Lenge Rest. — Commissioner of Labor], 308 AD2d 632). Claimant's remaining contention that the Board improperly rejected her written reply to the employer's appeal has been reviewed and found to be without merit.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Warmsley

Appellate Division of the Supreme Court of New York, Third Department
Sep 14, 2006
32 A.D.3d 1059 (N.Y. App. Div. 2006)
Case details for

Matter of Warmsley

Case Details

Full title:In the Matter of the Claim of MICHELLE F. WARMSLEY, Appellant…

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

Date published: Sep 14, 2006

Citations

32 A.D.3d 1059 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6446
820 N.Y.S.2d 668

Citing Cases

Torres v. Comm'r of Labor

Claimant further stated that she did not discuss her entitlement to maternity or medical leave at the time of…

In re Vertigan

Claimant appeals. Even assuming that it was a coworker who was responsible for harassing claimant, the…