In re the Claim of Ziccardi

Appellate Division of the Supreme Court of New York

In re the Claim of Ziccardi

167 A.D.2d 799, 563 N.Y.S.2d 360, 1990 N.Y. App. Div. LEXIS 14115

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

DecidedNovember 29, 1990

StatusPublished

This text of 167 A.D.2d 799 (In re the Claim of Ziccardi) 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 Ziccardi, 167 A.D.2d 799, 563 N.Y.S.2d 360, 1990 N.Y. App. Div. LEXIS 14115 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 28, 1990, which, upon reconsideration, adhered to its original decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Unemployment Insurance Appeal Board was presented with conflicting evidence as to the reasons for claimant’s separation from her employment, the resolution of which was for the Board to determine (see, Matter of Jensen [Levine], 49 AD2d 794). Here, the conclusion that claimant left her employment without good cause because she resigned to locate to another State without medical advice to do so is supported by substantial evidence and, accordingly, must be upheld (see, supra).

Decision affirmed, without costs. Kane, J. P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 28, 1990, which, upon reconsideration, adhered to its original decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Unemployment Insurance Appeal Board was presented with conflicting evidence as to the reasons for claimant’s separation from her employment, the resolution of which was for the Board to determine (see, Matter of Jensen [Levine], 49 AD2d 794). Here, the conclusion that claimant left her employment without good cause because she resigned to locate to another State without medical advice to do so is supported by substantial evidence and, accordingly, must be upheld (see, supra).

Decision affirmed, without costs. Kane, J. P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.

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Bluebook (online)

167 A.D.2d 799, 563 N.Y.S.2d 360, 1990 N.Y. App. Div. LEXIS 14115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-ziccardi-nyappdiv-1990.

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