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Matter of Gates

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 921 (N.Y. App. Div. 1993)

Opinion

March 18, 1993

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause (see, Matter of Steed [Roberts], 115 A.D.2d 166). Claimant left her job in New York to relocate to Mississippi with her husband. Claimant's husband returned to his local union in Mississippi because he could no longer obtain employment in New York through the reciprocal agreement with his union. Claimant testified that Mississippi was their "home" and that she left New York because, "economically", she could not "stay there by [her]self". Claimant's various contentions, however, merely raised questions of fact for the Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714). Claimant and her husband had been living in New York for seven years before they moved back to Mississippi and claimant's assertion that she could no longer afford to live in New York was not supported by any proof (see, Matter of Palmieri [Catherwood], 33 A.D.2d 588). In addition, at the time of their move, claimant's husband had no definite job offers in Mississippi (see, Matter of Behnke [White Carriage Corp. — Roberts], 97 A.D.2d 679).

Mikoll, J.P., Levine, Crew III, Casey and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Gates

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 921 (N.Y. App. Div. 1993)
Case details for

Matter of Gates

Case Details

Full title:In the Matter of the Claim of GAIL M. GATES, Appellant. JOHN F. HUDACS, as…

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

Date published: Mar 18, 1993

Citations

191 A.D.2d 921 (N.Y. App. Div. 1993)
595 N.Y.S.2d 134

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