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Matter of the Claim of Munoz

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 1014 (N.Y. App. Div. 2003)

Opinion

92428

January 30, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 26, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Juan R. Munoz, Hatillo, Puerto Rico, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Before: Mercure, J.P., Crew III, Spain, Rose and Kane, JJ.


MEMORANDUM AND ORDER

Claimant was employed with a shipping supply company until he quit in order to move to Puerto Rico to care for his mother who was suffering from various health problems. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he left his employment for personal and noncompelling reasons. It has been held, with few exceptions, that caring for a sick relative is not a compelling reason to leave employment (see Matter of Lugo [Commissioner of Labor], 294 A.D.2d 689; Matter of Carrasquillo [Commissioner of Labor], 250 A.D.2d 910; Matter of Dameron [Sweeney], 239 A.D.2d 656). Here, while claimant's motive to care for his mother is laudable, the record discloses that his mother was able to attend to her daily activities and claimant's presence was not medically necessary for her well-being. Inasmuch as substantial evidence supports the Board's decision, we affirm.

Mercure, J.P., Crew III, Spain, Rose and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Munoz

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 1014 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Munoz

Case Details

Full title:In the Matter of the Claim of JUAN R. MUNOZ, Appellant. COMMISSIONER OF…

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

Date published: Jan 30, 2003

Citations

301 A.D.2d 1014 (N.Y. App. Div. 2003)
754 N.Y.S.2d 704

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