In re the Claim of Gawerecki

Appellate Division of the Supreme Court of New York

In re the Claim of Gawerecki

243 A.D.2d 809, 662 N.Y.S.2d 856, 1997 N.Y. App. Div. LEXIS 9722

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

DecidedOctober 9, 1997

StatusPublished

Cited by1 cases

This text of 243 A.D.2d 809 (In re the Claim of Gawerecki) 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 Gawerecki, 243 A.D.2d 809, 662 N.Y.S.2d 856, 1997 N.Y. App. Div. LEXIS 9722 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 11, 1996, which [810]*810ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as a supervisor in a hospital radiology department until she resigned in order to move to Florida with her spouse. The Unemployment Insurance Appeal Board ruled that claimant left her employment for personal and non-compelling reasons, disqualifying her from the receipt of benefits. We affirm. The record discloses that claimant’s relocation was motivated by her husband’s desire to distance himself from his stress-inducing relatives. As no proof was presented to show that the relocation was medically necessary, we conclude that substantial evidence supports the ruling that claimant left her job for personal and noncompelling reasons (see, Matter of Conti [Hudacs], 186 AD2d 303, 304).

Cardona, P. J., Mercure, Crew III, 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 March 11, 1996, which [810]*810ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as a supervisor in a hospital radiology department until she resigned in order to move to Florida with her spouse. The Unemployment Insurance Appeal Board ruled that claimant left her employment for personal and non-compelling reasons, disqualifying her from the receipt of benefits. We affirm. The record discloses that claimant’s relocation was motivated by her husband’s desire to distance himself from his stress-inducing relatives. As no proof was presented to show that the relocation was medically necessary, we conclude that substantial evidence supports the ruling that claimant left her job for personal and noncompelling reasons (see, Matter of Conti [Hudacs], 186 AD2d 303, 304).

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

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Bluebook (online)

243 A.D.2d 809, 662 N.Y.S.2d 856, 1997 N.Y. App. Div. LEXIS 9722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gawerecki-nyappdiv-1997.

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