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Matter of Rosenberg

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 872 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the Unemployment Insurance Appeal Board.


Upon being advised that she was being transferred from her job as a human resources manager at one of the employer's smaller hotels in Westchester County to become a benefits manager at a larger hotel in New York City, claimant declined to accept the position. The record reveals that, although the new job was a longer commute and claimant was no longer the sole person in charge of a department, she was offered a salary increase. This not only indicates that the transfer was not a demotion, but the increased salary would offset her additional commuting expenses. The record also indicates that claimant requested to be moved to California but no job was available there. Under the circumstances, the Unemployment Insurance Appeal Board's decision that claimant voluntarily left her employment for personal and noncompelling reasons, and therefore without good cause, is supported by substantial evidence and must be upheld (see, Matter of Comerato [Marine Midland Bank-Eastern Natl. Assn. — Levine], 52 A.D.2d 965, 966; Matter of Day [Levine], 51 A.D.2d 1071; see also, Matter of Weitzman [Levine], 51 A.D.2d 822).

Decision affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Crew III, JJ., concur.


Summaries of

Matter of Rosenberg

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 872 (N.Y. App. Div. 1991)
Case details for

Matter of Rosenberg

Case Details

Full title:In the Matter of the Claim of MARTHA ROSENBERG, Appellant. THOMAS F…

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 872 (N.Y. App. Div. 1991)
566 N.Y.S.2d 697