In re the Claim of Guarino

Appellate Division of the Supreme Court of New York

In re the Claim of Guarino

307 A.D.2d 514, 761 N.Y.S.2d 557, 2003 N.Y. App. Div. LEXIS 8059

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

DecidedJuly 10, 2003

StatusPublished

This text of 307 A.D.2d 514 (In re the Claim of Guarino) 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 Guarino, 307 A.D.2d 514, 761 N.Y.S.2d 557, 2003 N.Y. App. Div. LEXIS 8059 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 16, 2002, 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.

The record establishes that for nearly 10 years, claimant drove approximately 140 miles round trip from home to work and back again. Deciding that the commute was becoming too stressful, claimant left his job in order to look for work closer to his home. Having accepted the long-standing commute as part of his lengthy employment, substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause (see Matter of Gatto [Commissioner of Labor], 268 AD2d 942 [2000]; Matter of Haxton [Sweeney], 232 AD2d 708 [1996]). Although claimant maintains that he retired rather than quit, we nevertheless find no reason to disturb the Board’s decision.

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, 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 July 16, 2002, 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.

The record establishes that for nearly 10 years, claimant drove approximately 140 miles round trip from home to work and back again. Deciding that the commute was becoming too stressful, claimant left his job in order to look for work closer to his home. Having accepted the long-standing commute as part of his lengthy employment, substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause (see Matter of Gatto [Commissioner of Labor], 268 AD2d 942 [2000]; Matter of Haxton [Sweeney], 232 AD2d 708 [1996]). Although claimant maintains that he retired rather than quit, we nevertheless find no reason to disturb the Board’s decision.

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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307 A.D.2d 514, 761 N.Y.S.2d 557, 2003 N.Y. App. Div. LEXIS 8059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-guarino-nyappdiv-2003.

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