From Casetext: Smarter Legal Research

Matter of Rulka

Appellate Division of the Supreme Court of New York, Third Department
Apr 30, 1998
249 A.D.2d 876 (N.Y. App. Div. 1998)

Opinion

April 30, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a home health care attendant when she reportedly informed her employer that she wished to end her current assignment to attend school. Claimant then began attending a full-time clerical and bookkeeping program and applied for unemployment insurance benefits. She also sought certification for training pursuant to Labor Law § 599. The Unemployment Insurance Appeal Board ruled that claimant voluntarily left her employment without good cause, disapproved her application for training and charged her with an overpayment of benefits. We affirm. Voluntarily leaving ones employment to attend school does not constitute good cause under the Labor Law ( see, Matter of Kucich [Hudacs], 204 A.D.2d 929; Matter of Weremblewski [Hudacs], 193 A.D.2d 1030). To the extent that claimants version of the events surrounding her departure differed from that of the employer, this conflict presented a credibility issue for the Board to resolve ( see, Matter of Mesidor [Sweeney], 247 A.D.2d 696). Claimants additional assertion that job-related depression contributed to her leaving was not substantiated by any medical evidence in the record ( see, Matter of Ritchie [Sweeney], 243 A.D.2d 810).

Mikoll, J.P., White, Peters, Spain and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Rulka

Appellate Division of the Supreme Court of New York, Third Department
Apr 30, 1998
249 A.D.2d 876 (N.Y. App. Div. 1998)
Case details for

Matter of Rulka

Case Details

Full title:In the Matter of the Claim of ELWIRA RULKA, Appellant. COMMISSIONER OF…

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

Date published: Apr 30, 1998

Citations

249 A.D.2d 876 (N.Y. App. Div. 1998)
672 N.Y.S.2d 450