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Matter of Guevara

Appellate Division of the Supreme Court of New York, Third Department
Nov 25, 1998
255 A.D.2d 861 (N.Y. App. Div. 1998)

Opinion

November 25, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant resigned from her position as an assistant nursery school teacher in order to visit her son who was in a mental institution and who had recently shown signs of improvement. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she left her employment for personal and noncompelling reasons. The record indicates that claimant made no request for a family leave of absence and, in any event, she testified that she would have resigned even if the employer permitted her to leave work in time to visit her son at 2:00 P.M. Furthermore, there is no indication that claimant attempted to procure child care for her younger son in order to take advantage of available visiting hours at 6:00 P.M. Under these circumstances, substantial evidence supports the Board's finding that claimant voluntarily left her employment without good cause (see, Matter of Edwards [Sweeney], 226 A.D.2d 895; Matter of Moloney [Levine], 52 A.D.2d 1005). Claimant's remaining contentions have been reviewed and found to be without merit.

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

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Guevara

Appellate Division of the Supreme Court of New York, Third Department
Nov 25, 1998
255 A.D.2d 861 (N.Y. App. Div. 1998)
Case details for

Matter of Guevara

Case Details

Full title:In the Matter of the Claim of MAYDA GUEVARA, Appellant. COMMISSIONER OF…

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

Date published: Nov 25, 1998

Citations

255 A.D.2d 861 (N.Y. App. Div. 1998)
680 N.Y.S.2d 757