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Matter of Dampman

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 1998
246 A.D.2d 940 (N.Y. App. Div. 1998)

Opinion

Decided January 29, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a service center manager until she resigned in November 1995 to relocate from Staten Island to Sullivan County. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she left her job for personal and noncompelling reasons. Substantial evidence supports this decision. Claimant testified that after her husband lost his job in April 1995, they could no longer afford their home in Staten Island. Therefore, they sold this residence and relocated to Sullivan County where they owned a vacation home. Claimant admitted that she had not looked for temporary housing so she could remain at her job and chose to move even though neither she nor her husband had employment prospects in Sullivan County. Under the circumstances, the Board's ruling that claimant voluntarily left her employment without good cause is supported by substantial evidence and it is, accordingly, affirmed (see, Matter of Powers [Sweeney], 227 A.D.2d 788; Matter of Gates [Hudacs], 191 A.D.2d 921).

White, J.P., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Dampman

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 1998
246 A.D.2d 940 (N.Y. App. Div. 1998)
Case details for

Matter of Dampman

Case Details

Full title:In the Matter of the Claim of KIM E. DAMPMAN, Appellant. JOHN E. SWEENEY…

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

Date published: Jan 29, 1998

Citations

246 A.D.2d 940 (N.Y. App. Div. 1998)
667 N.Y.S.2d 999

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