In re the Claim of Versteeg

Appellate Division of the Supreme Court of New York

In re the Claim of Versteeg

283 A.D.2d 816, 724 N.Y.S.2d 227, 2001 N.Y. App. Div. LEXIS 5181

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

DecidedMay 17, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 816 (In re the Claim of Versteeg) 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 Versteeg, 283 A.D.2d 816, 724 N.Y.S.2d 227, 2001 N.Y. App. Div. LEXIS 5181 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 23, 2000, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant left his employment as a group fitness instructor for a fitness center chain because he was relocating to Maine in order to attend school. Although claimant asked his supervisor about transferring to one of the same fitness chains in the Boston area, no answer was forthcoming and he failed to follow up on his request. Inasmuch as it has been held that leaving employment for the purpose of attending school does not constitute good cause under the Labor Law, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits (see, Matter of Hanukov [Commissioner of Labor], 260 AD2d 684). Furthermore, in light of the substantial evidence in the record that claimant willfully misrepresented that his employment ended due to lack of work on his application for unemployment insurance benefits, we find no reason to disturb the Board’s determination of a recoverable overpayment of benefits (see, Matter of Graver [Hartnett], 176 AD2d 412).

Mercure, J. P., Carpinello, Mugglin, Rose and Lahtinen, 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 March 23, 2000, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant left his employment as a group fitness instructor for a fitness center chain because he was relocating to Maine in order to attend school. Although claimant asked his supervisor about transferring to one of the same fitness chains in the Boston area, no answer was forthcoming and he failed to follow up on his request. Inasmuch as it has been held that leaving employment for the purpose of attending school does not constitute good cause under the Labor Law, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits (see, Matter of Hanukov [Commissioner of Labor], 260 AD2d 684). Furthermore, in light of the substantial evidence in the record that claimant willfully misrepresented that his employment ended due to lack of work on his application for unemployment insurance benefits, we find no reason to disturb the Board’s determination of a recoverable overpayment of benefits (see, Matter of Graver [Hartnett], 176 AD2d 412).

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

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Bluebook (online)

283 A.D.2d 816, 724 N.Y.S.2d 227, 2001 N.Y. App. Div. LEXIS 5181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-versteeg-nyappdiv-2001.

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