Opinion
January 8, 1976
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 13, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he left his employment without good cause and imposing a forfeiture of four effective days and reduction of future benefit rights because claimant had made a false statement to obtain benefits. Claimant was a temporary Christmas employee and worked from December 3, 1974 until January 28, 1975. Although the evidence established that claimant could have continued his employment for a few additional days, it is apparent from the medical testimony submitted that claimant's wife was suffering from an eye condition and depression which required that she move to the south. Because of his wife's limited eyesight, claimant alleges that it was necessary for him to accompany her. The record indicates that when the claimant applied for benefits he did not mention his wife's illness, but stated that he was going to Florida on the advice of a friend to look for work. Therefore, his contention on his claim for benefits that there was a lack of work was not absolutely true, although his work was to terminate very shortly. What constitutes "good cause" for leaving work is a factual determination for the board, and its decision, if supported by substantial evidence, as in this case, must be upheld (Matter of Gilmore [Catherwood], 25 A.D.2d 462). Decision affirmed, without costs. Sweeney, J.P., Kane, Main, Larkin and Reynolds, JJ., concur.