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Matter of Torres

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 857 (N.Y. App. Div. 1999)

Opinion

January 21, 1999.

Appeal from the Unemployment Insurance Appeal Board.


Claimant resigned from her employment as a home health aide in 1997 in order to relocate to Florida with her husband. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment for personal and noncompelling reasons. We affirm. While claimant's husband was told by his physician in 1995 that a warmer climate would be beneficial for his continuing back problem, claimant and her husband delayed moving to Florida for over a year after receiving the advice. Inasmuch as the record fails to establish a compelling medical reason to move to a warmer climate, substantial evidence supports' the Board's decision that claimant voluntarily left her employment without good cause ( see, Matter of Prevost [Commissioner of Labor], 256 A.D.2d 799; Matter of Economy [Sweeney], 232 A.D.2d 799, 800).

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Torres

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 857 (N.Y. App. Div. 1999)
Case details for

Matter of Torres

Case Details

Full title:IN THE MATTER OF THE CLAIM OF MARIA TORRES, Appellant. UNLIMITED CARE…

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

Date published: Jan 21, 1999

Citations

257 A.D.2d 857 (N.Y. App. Div. 1999)
684 N.Y.S.2d 307

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