In re the Claim of Pierce

Appellate Division of the Supreme Court of New York

In re the Claim of Pierce

210 A.D.2d 727, 621 N.Y.S.2d 932, 1994 N.Y. App. Div. LEXIS 12705

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

DecidedDecember 15, 1994

StatusPublished

Cited by1 cases

This text of 210 A.D.2d 727 (In re the Claim of Pierce) 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 Pierce, 210 A.D.2d 727, 621 N.Y.S.2d 932, 1994 N.Y. App. Div. LEXIS 12705 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 20, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The record shows that claimant initially continued to work part time at a department store after her full-time job for a different employer ended under nondisqualifying "circumstances. Claimant began receiving partial unemployment insurance benefits and she kept on doing so even after she quit her part-time job. Claimant admitted that she quit this position because she had marital problems and needed time to find another place to live. Under the circumstances, we conclude that there is substantial evidence to support the Board’s determination that claimant voluntarily quit her position without good cause and that she received a recoverable overpayment of benefits. The remaining claims advanced by claimant, including her assertion that she was denied equal protection of the laws, have been examined and found to be without merit.

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, 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 August 20, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The record shows that claimant initially continued to work part time at a department store after her full-time job for a different employer ended under nondisqualifying "circumstances. Claimant began receiving partial unemployment insurance benefits and she kept on doing so even after she quit her part-time job. Claimant admitted that she quit this position because she had marital problems and needed time to find another place to live. Under the circumstances, we conclude that there is substantial evidence to support the Board’s determination that claimant voluntarily quit her position without good cause and that she received a recoverable overpayment of benefits. The remaining claims advanced by claimant, including her assertion that she was denied equal protection of the laws, have been examined and found to be without merit.

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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210 A.D.2d 727, 621 N.Y.S.2d 932, 1994 N.Y. App. Div. LEXIS 12705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-pierce-nyappdiv-1994.

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