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Matter of the Claim of Richards

Appellate Division of the Supreme Court of New York, Third Department
Mar 6, 2003
303 A.D.2d 821 (N.Y. App. Div. 2003)

Opinion

92600

Decided and Entered: March 6, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 4, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Joan I. Richards, Poughkeepsie, appellant pro se.

Before: Cardona, P.J., Carpinello, Rose, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from her employment as a certified nursing assistant after she did not return to work following a leave of absence to care for her mother. Claimant was reinstated to her position after it was discovered that her leave of absence could have been extended under the Family Medical Leave Act. Claimant was paid back wages and informed to either return to work or submit a Family Medical Leave Act application within 15 days in order to extend her leave. Inasmuch as claimant neither returned to work nor submitted a leave application, substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment without good cause (see Matter of Natale [Sweeney], 244 A.D.2d 743; Matter of Flynn [W.T. La Rosa Assoc. — Catherwood], 19 A.D.2d 918).

Cardona, P.J., Carpinello, Rose, Lahtinen and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Richards

Appellate Division of the Supreme Court of New York, Third Department
Mar 6, 2003
303 A.D.2d 821 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Richards

Case Details

Full title:IN THE MATTER OF THE CLAIM OF JOAN I. RICHARDS, Appellant. COMMISSIONER OF…

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

Date published: Mar 6, 2003

Citations

303 A.D.2d 821 (N.Y. App. Div. 2003)
755 N.Y.S.2d 324