In re the Claim of Collazo

Appellate Division of the Supreme Court of New York

In re the Claim of Collazo

31 A.D.2d 985, 297 N.Y.S.2d 851, 1969 N.Y. App. Div. LEXIS 4467

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

DecidedMarch 10, 1969

StatusPublished

Cited by1 cases

This text of 31 A.D.2d 985 (In re the Claim of Collazo) 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 Collazo, 31 A.D.2d 985, 297 N.Y.S.2d 851, 1969 N.Y. App. Div. LEXIS 4467 (N.Y. Ct. App. 1969).

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Opinion

Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits on the ground that she voluntarily left her employment without good cause. After working in New York City for approximately four years, claimant returned to Puerto Rico in 1967, allegedly to be with her father who she said was ill. She contends that upon arriving in Puerto Rico her father’s condition improved and finding someone to look after him, she tried to find employment. Her application for unemployment benefits was denied. What constitutes good cause is a factual determination for the board (Labor Law, § 593) and where, as here, it is supported by substantial evidence, it must be affirmed. Credibility is also for the board’s determination. Claimant failed to return the medical questionnaire given her by the unemployment office concerning her father’s condition, but instead submitted a physician’s statement that her father had been prescribed medication, the nature of his complaint not appearing. This failure to present evidence of a medical emergency and claimant’s contention that she was fully available for any job she could get in Puerto Rico sustain the board’s decision that claimant voluntarily left her employment without good cause (see Matter of Rosario [Catherwood], 28 A-D 2d 1017). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Greenblott, JJ., concur in memorandum by Aulisi, J.

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Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits on the ground that she voluntarily left her employment without good cause. After working in New York City for approximately four years, claimant returned to Puerto Rico in 1967, allegedly to be with her father who she said was ill. She contends that upon arriving in Puerto Rico her father’s condition improved and finding someone to look after him, she tried to find employment. Her application for unemployment benefits was denied. What constitutes good cause is a factual determination for the board (Labor Law, § 593) and where, as here, it is supported by substantial evidence, it must be affirmed. Credibility is also for the board’s determination. Claimant failed to return the medical questionnaire given her by the unemployment office concerning her father’s condition, but instead submitted a physician’s statement that her father had been prescribed medication, the nature of his complaint not appearing. This failure to present evidence of a medical emergency and claimant’s contention that she was fully available for any job she could get in Puerto Rico sustain the board’s decision that claimant voluntarily left her employment without good cause (see Matter of Rosario [Catherwood], 28 A-D 2d 1017). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Greenblott, JJ., concur in memorandum by Aulisi, J.

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Bluebook (online)

31 A.D.2d 985, 297 N.Y.S.2d 851, 1969 N.Y. App. Div. LEXIS 4467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-collazo-nyappdiv-1969.

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