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Matter of the Claim of Radulescu

Appellate Division of the Supreme Court of New York, Third Department
Jul 5, 2001
285 A.D.2d 721 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: July 5, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 3, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Laura D. Radulescu, New York City, appellant in person.

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

Before: Cardona, P.J., Mercure, Crew III, Carpinello and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant, employed as a shipping supervisor, resigned from her employment after she lost her ride to work because she believed the lengthy commute involved in using public transportation was unduly onerous. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. It is well settled that "one who accepts employment knowing the conditions thereof cannot later invoke those conditions to demonstrate good cause for leaving such employment" (Matter of Epps [Commissioner of Labor], 276 A.D.2d 997, 998; see, Matter of Dunn [Sweeney], 243 A.D.2d 798). Inasmuch as claimant was aware of the distance between her residence and the employer's office at the time she accepted the position, we find no reason to disturb the Board's decision (see, Matter of Dunn [Sweeney], supra; Matter of Haxton [Sweeney], 232 A.D.2d 708).

Cardona, P.J., Mercure, Crew III, Carpinello and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Radulescu

Appellate Division of the Supreme Court of New York, Third Department
Jul 5, 2001
285 A.D.2d 721 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Radulescu

Case Details

Full title:In the Matter of the Claim of LAURA D. RADULESCU, Appellant. COMMISSIONER…

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

Date published: Jul 5, 2001

Citations

285 A.D.2d 721 (N.Y. App. Div. 2001)
727 N.Y.S.2d 750

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