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Matter of Punzalan [3d Dept 1999

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1999
(N.Y. App. Div. Apr. 22, 1999)

Opinion

April 22, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 18, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Normando B. Punzalan, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: MIKOLL, J.P., MERCURE, YESAWICH JR., PETERS and GRAFFEO, JJ.


MEMORANDUM AND ORDER

Claimant, a maintenance mechanic employed by a crayon manufacturer, left work complaining of a headache. While the employer told claimant not to return to work without a doctor's note and denied claimant's request that it provide him with a neurologist, claimant nonetheless failed to seek medical treatment on his own. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment without good cause. Inasmuch as the record establishes that claimant failed to take reasonable steps necessary to protect his employment (see, Matter of Illerbrun [Sweeney], 246 A.D.2d 722; Matter of Bonilla [Sweeney], 233 A.D.2d 735), we find no reason to disturb the Board's decision. Claimant's remaining contentions, including his claim of bias on the part of the Administrative Law Judge, have been reviewed and found to be without merit.

Mikoll, J.P., Mercure, Yesawich Jr., Peters and Graffeo, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Punzalan [3d Dept 1999

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1999
(N.Y. App. Div. Apr. 22, 1999)
Case details for

Matter of Punzalan [3d Dept 1999

Case Details

Full title:In the Matter of the Claim of NORMANDO D. PUNZALAN, Appellant…

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

Date published: Apr 22, 1999

Citations

(N.Y. App. Div. Apr. 22, 1999)