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Matter of Szumelak

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1999
260 A.D.2d 884 (N.Y. App. Div. 1999)

Opinion

April 22, 1999

Appeal from the Unemployment Insurance Appeal Board.


After 35 years of employment as a sales representative for a department store, claimant accepted an early retirement incentive package. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits on the ground that she voluntarily left her employment without good cause. Inasmuch as substantial evidence supports the Board's findings, we affirm. It has been held that employees who resign in order to take advantage of an early retirement incentive package when continuing work is available have left their employment under disqualifying circumstances (see, Matter of Slezak [Commissioner of Labor], 252 A.D.2d 644; Matter of Joseph [Sweeney], 246 A.D.2d 944). Accordingly, we find no reason to disturb the Board's decisions.

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

Ordered that the decisions are affirmed, without costs.


Summaries of

Matter of Szumelak

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1999
260 A.D.2d 884 (N.Y. App. Div. 1999)
Case details for

Matter of Szumelak

Case Details

Full title:In the Matter of the Claim of MARY SZUMELAK, Appellant. COMMISSIONER OF…

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

Date published: Apr 22, 1999

Citations

260 A.D.2d 884 (N.Y. App. Div. 1999)
688 N.Y.S.2d 787

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