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In re the Claim of Gervits

Appellate Division of the Supreme Court of the State of New York
Feb 19, 1998
Versions:247 A.D.2d 749
668 N.Y.S.2d 783
1998 N.Y. App. Div. LEXIS 1563

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 12, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant left her employment as a clerk to spend a month at a mineral spa in Czechoslovakia where, according to her physician, treatment was available for her gastrointestinal problems. The Unemployment Insurance Appeal Board subsequently ruled that claimant had left her job for personal and noncompelling reasons. We affirm. Evidence presented at claimant’s administrative hearing disclosed that claimant’s trip could accurately be characterized as a vacation and that the timing of her departure, during the employer’s busiest season, was motivated by discounted travel fares rather than medical necessity. We conclude that the Board’s decision that claimant left her employment under disqualifying circumstances is supported by substantial evidence (see, Matter of Klein [Audits & Surveys Worldwide — Sweeney], 232 AD2d 720; Matter of Caraballo [Catherwood], 25 AD2d 580).

Cardona, P. J., Mikoll, Crew III, Yesawich Jr. and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.

Case Details

Case Name: In re the Claim of Gervits
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 19, 1998
Citations: 247 A.D.2d 749; 668 N.Y.S.2d 783; 1998 N.Y. App. Div. LEXIS 1563
Court Abbreviation: N.Y. App. Div.
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