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Matter of Eileen Paul

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 767 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from Unemployment Insurance Appeal Board.


The Unemployment Insurance Appeal Board found that claimant, a teacher's aide, was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment to take advantage of the early retirement incentive package. Claimant testified that she retired because she was concerned about the possibility of being laid off due to Education Department budget cuts. Although claimant's employer could not guarantee claimant's continued employment, testimony at the hearing established that there was no threat thereto, especially given her seniority status, together with the fact that the budget cuts did not affect personnel. Under these circumstances, substantial evidence supports the Board's decision that claimant voluntarily left her employment without good cause ( see, Matter of Fontaine [Dept. of Air Force — Sweeney], 239 A.D.2d 641; Matter of Appleman [Hudacs], 211 A.D.2d 933).

Cardona, P.J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Eileen Paul

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 767 (N.Y. App. Div. 1997)
Case details for

Matter of Eileen Paul

Case Details

Full title:In the Matter of the Claim of EILEEN PAUL, Appellant. NEW YORK CITY BOARD…

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

Date published: Sep 4, 1997

Citations

242 A.D.2d 767 (N.Y. App. Div. 1997)
661 N.Y.S.2d 850