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Matter of Rosinke

Appellate Division of the Supreme Court of New York, Third Department
Nov 16, 1995
221 A.D.2d 794 (N.Y. App. Div. 1995)

Opinion

November 16, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant left his position as a stock clerk of 20 years to take advantage of an early retirement option offered by his employer and because a co-worker with whom he commuted to and from work took advantage of this option. After a hearing, the Board denied his application for unemployment insurance benefits upon the basis that he voluntarily left his employment without good cause. Claimant contends that he was justified in leaving his employment and, therefore, the Board's decision is not supported by substantial evidence. We disagree. Given that claimant voluntarily chose the early retirement option and failed to seriously pursue the alternative of public transportation prior to resigning from his position, we find that substantial evidence supports the Board's finding that claimant voluntarily left his employment without good cause ( see, Matter of Rego [Hartnett], 165 A.D.2d 942).

Cardona, P.J., Casey, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Rosinke

Appellate Division of the Supreme Court of New York, Third Department
Nov 16, 1995
221 A.D.2d 794 (N.Y. App. Div. 1995)
Case details for

Matter of Rosinke

Case Details

Full title:In the Matter of the Claim of BRUNO ROSINKE, Appellant. CARL ZEISS, INC.…

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

Date published: Nov 16, 1995

Citations

221 A.D.2d 794 (N.Y. App. Div. 1995)
633 N.Y.S.2d 430