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Matter of Hart

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 854 (N.Y. App. Div. 1996)

Opinion

June 13, 1996

Appeal from the Unemployment Insurance Appeal Board.


Claimant advised her employer in April 1993 that her fiance had been transferred to South Carolina and that she would be resigning from her secretarial position on June 25, 1993. She resigned from her position on June 11, 1993, was married on July 3, 1993 and moved to South Carolina on July 15, 1993. The Board denied her claim for unemployment insurance benefits on the basis that she voluntarily left her employment without good cause. While claimant contends that it was her husband's transfer, not her marriage, which prompted her resignation, we find this argument to be unpersuasive. Claimant planned on leaving her job due to her impending marriage and admitted that she resigned to join her future husband in South Carolina. Under the circumstances presented, substantial evidence supports the Board's decision that she voluntarily left her employment without good cause ( see, Labor Law § 593 [b]; Matter of Maloney [Eastman Kodak Co. — Hudacs], 195 A.D.2d 746; Matter of Gaus [Hartnett], 167 A.D.2d 736).

Mikoll, J.P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Hart

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 854 (N.Y. App. Div. 1996)
Case details for

Matter of Hart

Case Details

Full title:In the Matter of the Claim of MICHELLE HART, Appellant. JOHN E. SWEENEY…

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

Date published: Jun 13, 1996

Citations

228 A.D.2d 854 (N.Y. App. Div. 1996)
643 N.Y.S.2d 779

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