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In the Matter of Claim of Soler

Appellate Division of the Supreme Court of New York, Third Department
Dec 8, 2005
24 A.D.3d 936 (N.Y. App. Div. 2005)

Opinion

98261.

December 8, 2005.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 28, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Before: Cardona, P.J., Crew III, Peters, Carpinello and Kane, JJ., concur.


In April 2004, claimant visited his mother in Puerto Rico, at which time he learned that she had been diagnosed with lung cancer a year earlier. Shortly after returning to his job at a printing company, claimant decided to relocate to Puerto Rico in order to care for his ailing mother. Claimant left his employment without notifying or thereafter contacting the employer. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. The record is void of any evidence that his relocation was medically necessary for the care of his mother ( see Matter of Lugo [Commissioner of Labor], 294 AD2d 689; Matter of Carrasquillo [Commissioner of Labor], 250 AD2d 910). Moreover, by neglecting to inform the employer of his departure or inquire about a leave of absence, claimant failed to take reasonable steps to protect his employment ( see Matter of Nunez [Commissioner of Labor], 20 AD3d 848; Matter of Uemura [Lenge Rest. — Commissioner of Labor], 308 AD2d 632). Accordingly, the Board's decision will not be disturbed.

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Claim of Soler

Appellate Division of the Supreme Court of New York, Third Department
Dec 8, 2005
24 A.D.3d 936 (N.Y. App. Div. 2005)
Case details for

In the Matter of Claim of Soler

Case Details

Full title:In the Matter of the Claim of EUSEBIO SOLER, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 8, 2005

Citations

24 A.D.3d 936 (N.Y. App. Div. 2005)
805 N.Y.S.2d 448

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