From Casetext: Smarter Legal Research

Matter of the Claim of Guarino

Appellate Division of the Supreme Court of New York, Third Department
Jul 10, 2003
307 A.D.2d 514 (N.Y. App. Div. 2003)

Opinion

93388

Decided and Entered: July 10, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 16, 2002, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Joseph R. Guarino, Bound Brook, New Jersey, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Before: Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

The record establishes that for nearly 10 years, claimant drove approximately 140 miles round trip from home to work and back again. Deciding that the commute was becoming too stressful, claimant left his job in order to look for work closer to his home. Having accepted the longstanding commute as part of his lengthy employment, substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause (see Matter of Gatto [Commissioner of Labor], 268 A.D.2d 942; Matter of Haxton [Sweeney], 232 A.D.2d 708). Although claimant maintains that he retired rather than quit, we nevertheless find no reason to disturb the Board's decision.

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Guarino

Appellate Division of the Supreme Court of New York, Third Department
Jul 10, 2003
307 A.D.2d 514 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Guarino

Case Details

Full title:IN THE MATTER OF THE CLAIM OF JOSEPH R. GUARINO, Appellant. COMMISSIONER…

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

Date published: Jul 10, 2003

Citations

307 A.D.2d 514 (N.Y. App. Div. 2003)
761 N.Y.S.2d 557