In re the Claim of Oquendo

Appellate Division of the Supreme Court of New York

In re the Claim of Oquendo

20 A.D.3d 854, 800 N.Y.S.2d 460, 2005 N.Y. App. Div. LEXIS 8113

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

DecidedJuly 28, 2005

StatusPublished

Cited by1 cases

This text of 20 A.D.3d 854 (In re the Claim of Oquendo) 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 Oquendo, 20 A.D.3d 854, 800 N.Y.S.2d 460, 2005 N.Y. App. Div. LEXIS 8113 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 9, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed as a carpenter by a cabinet making company. He resigned from his position and decided to move to Florida because he felt that he could no longer afford to live in New York. The Unemployment Insurance Appeal Board ruled that he was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant appeals.

We affirm. Claimant testified that his living expenses, particularly housing, were too high in New York and that he wished to move to Florida near his son where it was more affordable. He indicated, however, that the income earned by him and his wife in New York was sufficient to cover their monthly expenses and that neither had secured employment in Florida. Under these circumstances, substantial evidence supports the Board’s finding that claimant left his employment for personal and noncompelling reasons (see Matter of Berkmann [Commissioner of Labor], 18 AD3d 943 [2005]; Matter of Weiss [Commissioner of Labor], 6 AD3d 1024 [2004]).

Cardona, P.J., Crew III, Carpinello, Mugglin 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 November 9, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed as a carpenter by a cabinet making company. He resigned from his position and decided to move to Florida because he felt that he could no longer afford to live in New York. The Unemployment Insurance Appeal Board ruled that he was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant appeals.

We affirm. Claimant testified that his living expenses, particularly housing, were too high in New York and that he wished to move to Florida near his son where it was more affordable. He indicated, however, that the income earned by him and his wife in New York was sufficient to cover their monthly expenses and that neither had secured employment in Florida. Under these circumstances, substantial evidence supports the Board’s finding that claimant left his employment for personal and noncompelling reasons (see Matter of Berkmann [Commissioner of Labor], 18 AD3d 943 [2005]; Matter of Weiss [Commissioner of Labor], 6 AD3d 1024 [2004]).

Cardona, P.J., Crew III, Carpinello, Mugglin and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

20 A.D.3d 854, 800 N.Y.S.2d 460, 2005 N.Y. App. Div. LEXIS 8113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-oquendo-nyappdiv-2005.

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