In re the Claim of Fanzo

Appellate Division of the Supreme Court of New York

In re the Claim of Fanzo

29 A.D.2d 598, 285 N.Y.S.2d 903, 1967 N.Y. App. Div. LEXIS 2735

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

DecidedDecember 18, 1967

StatusPublished

This text of 29 A.D.2d 598 (In re the Claim of Fanzo) 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 Fanzo, 29 A.D.2d 598, 285 N.Y.S.2d 903, 1967 N.Y. App. Div. LEXIS 2735 (N.Y. Ct. App. 1967).

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Opinion

Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from benefits on the ground that he voluntarily left his employment without good cause. (Labor Law, § 593, subd. 1, par. [a].) After working more than six years for employer, claimant, a cashier, left his employment because it was hazardous in that he “was robbed 3 times — at knife-point and last time by gun.” He stated he returned to Pittsburgh, Pennsylvania, “my home town, I was born and raised in Pittsburgh. I have my family here. I do not agree with the statement that I left so as to move to another area which is the city I dwell in.” The board found that claimant left his employment for the purpose of re-establishing his residence permanently in Pennsylvania where he prefers to have his home. It was within the board’s province to determine the weight of claimant’s proof, and we can not, upon this record, [599]*599disturb its finding that claimant left his employment without good cause for a personal and noneompelling reason (see Matter of Bhaviakhinmontes [Gather-wood], 26 A D 2d 979). Decision affirmed, without costs. Gibson, P. J., Herlihy, Aulisi, Staley, Jr.,- and Gabrielli, 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 benefits on the ground that he voluntarily left his employment without good cause. (Labor Law, § 593, subd. 1, par. [a].) After working more than six years for employer, claimant, a cashier, left his employment because it was hazardous in that he “was robbed 3 times — at knife-point and last time by gun.” He stated he returned to Pittsburgh, Pennsylvania, “my home town, I was born and raised in Pittsburgh. I have my family here. I do not agree with the statement that I left so as to move to another area which is the city I dwell in.” The board found that claimant left his employment for the purpose of re-establishing his residence permanently in Pennsylvania where he prefers to have his home. It was within the board’s province to determine the weight of claimant’s proof, and we can not, upon this record, [599]*599disturb its finding that claimant left his employment without good cause for a personal and noneompelling reason (see Matter of Bhaviakhinmontes [Gather-wood], 26 A D 2d 979). Decision affirmed, without costs. Gibson, P. J., Herlihy, Aulisi, Staley, Jr.,- and Gabrielli, JJ., concur in memorandum by Aulisi, J.

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Bluebook (online)

29 A.D.2d 598, 285 N.Y.S.2d 903, 1967 N.Y. App. Div. LEXIS 2735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-fanzo-nyappdiv-1967.