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Matter of the Claim of Klein

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 2003
304 A.D.2d 897 (N.Y. App. Div. 2003)

Opinion

92791

April 3, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 26, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Linda S. Klein, Rye Brook, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent.

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


MEMORANDUM AND ORDER

Approximately two weeks after starting her job as a service coordinator for the employer, claimant quit contending that the fumes at work were making her ill. Although claimant mentioned her condition to her son's allergist who told her to stay away from the fumes, she admitted that she did not consult her doctor. In the absence of any medical documentation that a physician advised her to quit and claimant having declined repeated offers for an adjournment to produce such evidence, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause (see Matter of Krinsky [Sweeney], 238 A.D.2d 659; Matter of Fumia [Nothnagle Home Sec. — Sweeney], 222 A.D.2d 923; Matter of Ehrenberg [Doubleday Book Music Clubs — Hudacs], 197 A.D.2d 734).

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

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Klein

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 2003
304 A.D.2d 897 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Klein

Case Details

Full title:IN THE MATTER OF THE CLAIM OF LINDA S. KLEIN, Appellant. COMMISSIONER OF…

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

Date published: Apr 3, 2003

Citations

304 A.D.2d 897 (N.Y. App. Div. 2003)
756 N.Y.S.2d 800