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Matter of the Claim of Boone

Appellate Division of the Supreme Court of New York, Third Department
Sep 12, 2002
297 A.D.2d 848 (N.Y. App. Div. 2002)

Opinion

91381

September 12, 2002.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 13, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment due to marriage.

David L. Boone, Union Gap, Washington, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

Before: Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

Claimant resigned from his employment with an electronics company three months after his marriage so that he could relocate to Washington, the home state of his new wife. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment due to marriage.

This Court has consistently held that a claimant who voluntarily leaves his or her employment because of marriage is disqualified from receiving unemployment insurance benefits (see Labor Law § 593 [b]; Matter of Radwan [Commissioner of Labor], 267 A.D.2d 569; Matter of Callahan [Commissioner of Labor], 251 A.D.2d 724) . In view of claimant's clear intention to leave New York to join his wife following their marriage (see Matter of Hanrahan [Sweeney], 238 A.D.2d 665), we conclude that the Board's decision disqualifying claimant from receiving unemployment insurance benefits is supported by substantial evidence (see Matter of Dybowski [Commissioner of Labor], 251 A.D.2d 874, 875).

Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Boone

Appellate Division of the Supreme Court of New York, Third Department
Sep 12, 2002
297 A.D.2d 848 (N.Y. App. Div. 2002)
Case details for

Matter of the Claim of Boone

Case Details

Full title:In the Matter of the Claim of DAVID L. BOONE, Appellant. COMMISSIONER OF…

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

Date published: Sep 12, 2002

Citations

297 A.D.2d 848 (N.Y. App. Div. 2002)
746 N.Y.S.2d 853