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Matter of Gervits

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 749 (N.Y. App. Div. 1998)

Opinion

February 19, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant left her employment as a clerk to spend a month at a mineral spa in Czechoslovakia where, according to her physician, treatment was available for her gastrointestinal problems. The Unemployment Insurance Appeal Board subsequently ruled that claimant had left her job for personal and noncompelling reasons. We affirm. Evidence presented at claimant's administrative hearing disclosed that claimant's trip could accurately be characterized as a vacation and that the timing of her departure, during the employer's busiest season, was motivated by discounted travel fares rather than medical necessity. We conclude that the Board's decision that claimant left her employment under disqualifying circumstances is supported by substantial evidence ( see, Matter of Klein [Audits Surveys Worldwide — Sweeney], 232 A.D.2d 720; Matter of Caraballo [Catherwood], 25 A.D.2d 580).

Cardona, P.J., Mikoll, Crew III, Yesawich Jr. and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Gervits

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 749 (N.Y. App. Div. 1998)
Case details for

Matter of Gervits

Case Details

Full title:In the Matter of the Claim of PAULA GERVITS, Appellant. JOHN E. SWEENEY…

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

Date published: Feb 19, 1998

Citations

247 A.D.2d 749 (N.Y. App. Div. 1998)
668 N.Y.S.2d 783

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