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Matter of Vitale

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1999
263 A.D.2d 758 (N.Y. App. Div. 1999)

Opinion

July 15, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 17, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Jeannine Vitale, Old Bridge, New Jersey, appellant in person.

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

Before: MIKOLL, J.P., MERCURE, YESAWICH JR., PETERS and CARPINELLO, JJ.


MEMORANDUM AND ORDER

Claimant resigned from her full-time position as a secretary for an investment bank immediately following her maternity leave because her mother could only babysit her child three days a week. The employer was unable to accommodate claimant's request to change her hours to a part-time schedule. Significantly, claimant neither requested a further leave of absence, which the employer asserts would have been granted, nor expended sufficient effort in searching for acceptable alternative child-care arrangements (see,Matter of Romano [Sweeney], 239 A.D.2d 690). Thus, under the circumstances, we conclude that the Unemployment Insurance Appeal Board's decision finding that claimant was disqualified from receiving benefits on the ground that she voluntarily left her employment without good cause is supported by substantial evidence (see, Matter of Monreale [Commissioner of Labor], 249 A.D.2d 620).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Vitale

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1999
263 A.D.2d 758 (N.Y. App. Div. 1999)
Case details for

Matter of Vitale

Case Details

Full title:In the Matter of the Claim of JEANNINE G. VITALE, Appellant. COMMISSIONER…

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

Date published: Jul 15, 1999

Citations

263 A.D.2d 758 (N.Y. App. Div. 1999)
692 N.Y.S.2d 850