Matter of Coronel (Commr. of Labor)

Appellate Division of the Supreme Court of New York

Matter of Coronel (Commr. of Labor)

140 A.D.3d 1408, 34 N.Y.S.3d 252

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

DecidedJune 16, 2016

Docket520677

StatusPublished

This text of 140 A.D.3d 1408 (Matter of Coronel (Commr. of Labor)) 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

Matter of Coronel (Commr. of Labor), 140 A.D.3d 1408, 34 N.Y.S.3d 252 (N.Y. Ct. App. 2016).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 10, 2014, which disqualified claimant from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant worked for a manufacturing company for approximately two months. He had attendance problems and failed to report to work after December 12, 2013. According to claimant, he stopped working because he had to report to jail following his conviction of driving with a suspended license. The Department of Labor found that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his job without good cause. This determination was upheld by an Administrative Law Judge following a hearing and later by the Unemployment Insurance Appeal Board. Claimant appeals.

We affirm. “A claimant who is absent from work due to incarceration has been held disqualified from receiving unemployment insurance benefits” (Matter of Richardson [Commissioner of Labor], 30 AD3d 870, 871 [2006] [citations omitted]; see Matter of Turley [American Axle & Mfg. — Commis sioner of Labor], 296 AD2d 763, 764 [2002]). Inasmuch as claimant admitted that his incarceration prevented him from continuing to work for the manufacturing company, substantial evidence supports the Board’s decision.

Peters, P.J., McCarthy, Egan Jr., Lynch and Clark, 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 December 10, 2014, which disqualified claimant from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant worked for a manufacturing company for approximately two months. He had attendance problems and failed to report to work after December 12, 2013. According to claimant, he stopped working because he had to report to jail following his conviction of driving with a suspended license. The Department of Labor found that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his job without good cause. This determination was upheld by an Administrative Law Judge following a hearing and later by the Unemployment Insurance Appeal Board. Claimant appeals.

We affirm. “A claimant who is absent from work due to incarceration has been held disqualified from receiving unemployment insurance benefits” (Matter of Richardson [Commissioner of Labor], 30 AD3d 870, 871 [2006] [citations omitted]; see Matter of Turley [American Axle & Mfg. — Commis sioner of Labor], 296 AD2d 763, 764 [2002]). Inasmuch as claimant admitted that his incarceration prevented him from continuing to work for the manufacturing company, substantial evidence supports the Board’s decision.

Peters, P.J., McCarthy, Egan Jr., Lynch and Clark, JJ., concur.

Ordered that the decision is affirmed, without costs.

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Bluebook (online)

140 A.D.3d 1408, 34 N.Y.S.3d 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-coronel-commr-of-labor-nyappdiv-2016.

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