In re the Claim of Catanese

Appellate Division of the Supreme Court of New York

In re the Claim of Catanese

211 A.D.2d 933, 621 N.Y.S.2d 233, 1995 N.Y. App. Div. LEXIS 197

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

DecidedJanuary 12, 1995

StatusPublished

Cited by1 cases

This text of 211 A.D.2d 933 (In re the Claim of Catanese) 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.

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In re the Claim of Catanese, 211 A.D.2d 933, 621 N.Y.S.2d 233, 1995 N.Y. App. Div. LEXIS 197 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 5, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s determination that claimant, the part-owner of a dry cleaning business, caused his own unemployment by closing an operating business without a compelling reason for doing so. Significantly, claimant testified that he sold his business because, inter alia, he wanted to work "a little easier”. Claimant also testified that the business would have stayed open if a suitable offer had not been received. Under the circumstances, we find no reason to disturb the Board’s finding that claimant terminated his business for personal and noncompelling reasons.

Cardona, P. J., Mercure, White, Casey and Peters, 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 August 5, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Upon review of the record, we find that there is substantial evidence to support the Board’s determination that claimant, the part-owner of a dry cleaning business, caused his own unemployment by closing an operating business without a compelling reason for doing so. Significantly, claimant testified that he sold his business because, inter alia, he wanted to work "a little easier”. Claimant also testified that the business would have stayed open if a suitable offer had not been received. Under the circumstances, we find no reason to disturb the Board’s finding that claimant terminated his business for personal and noncompelling reasons.

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

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211 A.D.2d 933, 621 N.Y.S.2d 233, 1995 N.Y. App. Div. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-catanese-nyappdiv-1995.

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