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Matter of Solomon

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 618 (N.Y. App. Div. 1967)

Opinion

May 22, 1967


Appeal from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits on the ground that he voluntarily left his employment without good cause. Claimant and his family came to New York in 1963 from India where they had been living and where the children were born. He worked in New York City for almost two years and left his job in the Summer of 1965 at which time he moved with his wife and two children to California. Claimant contends that this move was necessitated by his wife's physical condition and his family's inability to stand the severe New York Winters. These are factual issues which are for the board's determination (Labor Law, § 593; Matter of Ost [ Catherwood], 26 A.D.2d 979). The only medical evidence is that the wife suffered from depression and anemia with low blood pressure. There is nothing in the record to indicate that the move was medically advised. The factual issues presented here have been resolved against the claimant and we cannot say as a matter of law that the board erred. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Aulisi, J.


Summaries of

Matter of Solomon

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 618 (N.Y. App. Div. 1967)
Case details for

Matter of Solomon

Case Details

Full title:In the Matter of the Claim of AARON SOLOMON, Appellant. MARTIN P…

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

Date published: May 22, 1967

Citations

28 A.D.2d 618 (N.Y. App. Div. 1967)