In re the Claim of Morales

Appellate Division of the Supreme Court of New York

In re the Claim of Morales

261 A.D.2d 685, 689 N.Y.S.2d 546, 1999 N.Y. App. Div. LEXIS 4658

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

DecidedMay 6, 1999

StatusPublished

Cited by3 cases

This text of 261 A.D.2d 685 (In re the Claim of Morales) 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 Morales, 261 A.D.2d 685, 689 N.Y.S.2d 546, 1999 N.Y. App. Div. LEXIS 4658 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal [686]*686Board, filed May 28, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Following the death of claimant’s father, claimant resigned from her position as an accounting clerk and moved to Puerto Rico to care for her mother and to attend to legal matters concerning her father’s estate. The Unemployment Insurance Appeal Board ruled that claimant voluntarily left her employment without good cause and was disqualified from receiving benefits. We affirm. Inasmuch as the record fails to establish that claimant’s presence in Puerto Rico was medically or legally necessary to attend to her mother’s needs or to handle her father’s estate, we conclude that substantial evidence supports the Board’s decision (see, Matter of Carrasquillo [Commissioner of Labor], 250 AD2D 910; Matter of Edwards [Sweeney], 226 AD2D 895).

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal [686]*686Board, filed May 28, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Following the death of claimant’s father, claimant resigned from her position as an accounting clerk and moved to Puerto Rico to care for her mother and to attend to legal matters concerning her father’s estate. The Unemployment Insurance Appeal Board ruled that claimant voluntarily left her employment without good cause and was disqualified from receiving benefits. We affirm. Inasmuch as the record fails to establish that claimant’s presence in Puerto Rico was medically or legally necessary to attend to her mother’s needs or to handle her father’s estate, we conclude that substantial evidence supports the Board’s decision (see, Matter of Carrasquillo [Commissioner of Labor], 250 AD2D 910; Matter of Edwards [Sweeney], 226 AD2D 895).

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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261 A.D.2d 685, 689 N.Y.S.2d 546, 1999 N.Y. App. Div. LEXIS 4658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-morales-nyappdiv-1999.

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