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Matter of Stewart

Appellate Division of the Supreme Court of New York, Third Department
Jul 31, 2000
275 A.D.2d 552 (N.Y. App. Div. 2000)

Opinion

July 31, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 26, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Alice J. Stewart, Raeford, North Carolina, appellant in person.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

Before: Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER


In 1994, claimant and her family, including her parents, moved from North Carolina to New York. After claimant's father passed away in 1996, claimant's mother became depressed and experienced some health problems which included a heart condition, high blood pressure and diabetes. Although claimant's mother needed help remembering to take her medication, she still drove a car and did not require around-the-clock personal care. In 1999, claimant resigned from her employment for the purpose of moving back to North Carolina to help out with her mother, who wished to be closer to family members in that State.

Based on the record before us, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's decision to leave her employment, while understandable, was nevertheless for personal and noncompelling reasons (see, Matter of Santana [Commissioner of Labor], 261 A.D.2d 687; Matter of Scarlino [Sweeney], 243 A.D.2d 800). Given, inter alia, the presence of other family members in North Carolina, the fact that claimant's mother did not require constant care and claimant's statement that she was available for full-time employment, we find no reason to disturb the Board's decision despite the numerous family pressures described in claimant's brief.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Stewart

Appellate Division of the Supreme Court of New York, Third Department
Jul 31, 2000
275 A.D.2d 552 (N.Y. App. Div. 2000)
Case details for

Matter of Stewart

Case Details

Full title:IN THE MATTER OF THE CLAIM OF ALICE J. STEWART, Appellant. COMMISSIONER OF…

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

Date published: Jul 31, 2000

Citations

275 A.D.2d 552 (N.Y. App. Div. 2000)
711 N.Y.S.2d 615

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