In re the Claim of Barnes

Appellate Division of the Supreme Court of New York

In re the Claim of Barnes

213 A.D.2d 931, 624 N.Y.S.2d 73, 1995 N.Y. App. Div. LEXIS 3023

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 23, 1995

StatusPublished

This text of 213 A.D.2d 931 (In re the Claim of Barnes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Barnes, 213 A.D.2d 931, 624 N.Y.S.2d 73, 1995 N.Y. App. Div. LEXIS 3023 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s decision that claimant voluntarily left her position as an executive housekeeper without good cause. The record indicates that claimant notified the [932]*932employer that she was moving to Florida and thereafter asked the employer on three separate occasions if she could continue working until the end of the month. The employer acceded to claimant’s first two requests, but denied her third request because claimant’s replacement had already been hired. Under these facts, the Board’s decision must be upheld.

Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s decision that claimant voluntarily left her position as an executive housekeeper without good cause. The record indicates that claimant notified the [932]*932employer that she was moving to Florida and thereafter asked the employer on three separate occasions if she could continue working until the end of the month. The employer acceded to claimant’s first two requests, but denied her third request because claimant’s replacement had already been hired. Under these facts, the Board’s decision must be upheld.

Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

213 A.D.2d 931, 624 N.Y.S.2d 73, 1995 N.Y. App. Div. LEXIS 3023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-barnes-nyappdiv-1995.