In re the Claim of Talyansky

Appellate Division of the Supreme Court of New York

In re the Claim of Talyansky

234 A.D.2d 880, 651 N.Y.S.2d 948, 1996 N.Y. App. Div. LEXIS 12853

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

DecidedDecember 26, 1996

StatusPublished

Cited by2 cases

This text of 234 A.D.2d 880 (In re the Claim of Talyansky) 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 Talyansky, 234 A.D.2d 880, 651 N.Y.S.2d 948, 1996 N.Y. App. Div. LEXIS 12853 (N.Y. Ct. App. 1996).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 1995, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant also was charged with a recoverable overpayment. Included in the evidence adduced at the administrative hearing that followed was a form, executed by claimant when she first applied for unemployment insurance benefits, wherein claimant stated that she left her job because she was about to start a course of study at a technical school and feared that her temporary position with the employer would jeopardize her eligibility for both unemployment insurance benefits and funding for her tuition expenses. Inasmuch as leaving one’s employment to attend school does not constitute good cause under the Labor Law, we conclude that the Board’s decision is supported by substantial evidence and it is, accordingly, affirmed (see, Matter ofKucich [Hudacs], 204 AD2d 929).

Mercure, J. P., Crew III, Casey, Yesawich Jr. 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 Board, filed October 18, 1995, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant also was charged with a recoverable overpayment. Included in the evidence adduced at the administrative hearing that followed was a form, executed by claimant when she first applied for unemployment insurance benefits, wherein claimant stated that she left her job because she was about to start a course of study at a technical school and feared that her temporary position with the employer would jeopardize her eligibility for both unemployment insurance benefits and funding for her tuition expenses. Inasmuch as leaving one’s employment to attend school does not constitute good cause under the Labor Law, we conclude that the Board’s decision is supported by substantial evidence and it is, accordingly, affirmed (see, Matter ofKucich [Hudacs], 204 AD2d 929).

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

234 A.D.2d 880, 651 N.Y.S.2d 948, 1996 N.Y. App. Div. LEXIS 12853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-talyansky-nyappdiv-1996.

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