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In the Matter of Claim of Giordano

Appellate Division of the Supreme Court of New York, Third Department
Jun 9, 2005
19 A.D.3d 801 (N.Y. App. Div. 2005)

Opinion

97336.

June 9, 2005.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 27, 2004, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Veronica A. Giordano, Massapequa Park, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Before: Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur.


Claimant worked as a full-time cashier at a food store for three weeks. She resigned because she could not stand for eight hours due to her bad back. The Unemployment Insurance Appeal Board disqualified her from receiving unemployment insurance benefits on the basis that she voluntarily left her employment without good cause and, upon reconsideration, adhered to this decision. Claimant now appeals.

Claimant knowingly accepted a position requiring a great deal of standing. She admittedly did not disclose her back condition to the employer prior to accepting the position or when she resigned, and did not respond to the employer's efforts to accommodate her. In view of this, as well as the fact that the physician's note describing her limitations was not provided until after she quit her job, we find no reason to disturb the Board's finding that claimant voluntarily left her employment without good cause ( see e.g. Matter of Chipman [Commissioner of Labor], 308 AD2d 652; Matter of Taylor [Commissioner of Labor], 282 AD2d 852; Matter of Moss [Commissioner of Labor], 268 AD2d 656).

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Claim of Giordano

Appellate Division of the Supreme Court of New York, Third Department
Jun 9, 2005
19 A.D.3d 801 (N.Y. App. Div. 2005)
Case details for

In the Matter of Claim of Giordano

Case Details

Full title:In the Matter of the Claim of VERONICA A. GIORDANO, Appellant…

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

Date published: Jun 9, 2005

Citations

19 A.D.3d 801 (N.Y. App. Div. 2005)
796 N.Y.S.2d 198