| Matter of Lahens (Commissioner of Labor) |
| 2014 NY Slip Op 06349 [120 AD3d 1513] |
| September 25, 2014 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Claim of Marie C. Lahens, Appellant. Commissioner of Labor, Respondent. |
Eric B. Kaviar, New York City, for appellant.
Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 12, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant worked as a certified nurse's aide for the employer, a nursing home facility.
After having previously taken a 3
We affirm. "Relocating to retire with and care for one's spouse does not constitute good cause for leaving employment absent proof of a compelling medical necessity for the move" (Matter of Bastien [Commissioner of Labor], 87 AD3d 784, 785 [2011] [citations omitted]; see Matter of Tetlow [Commissioner of Labor], 47 AD3d 1042, 1042-1043 [2008]). Claimant provided no medical documentation indicating that she had received medical advice to join her husband in Florida (see Matter of Moshier [Commissioner of Labor], 79 AD3d 1557, 1558 [2010]; Matter of Tetlow [Commissioner of Labor], 47 AD3d at 1043), nor did she explain the five-month delay in relocating to Florida after she resigned. In any event, claimant's husband received a kidney transplant six months after she resigned, and the employer indicated both that it would have granted her an additional leave of absence and that continuing work was available to her. Under these circumstances, substantial evidence supports the Board's determination that claimant voluntarily left her employment without good cause.
Peters, P.J., Lahtinen, Rose, Egan Jr. and Devine, JJ., concur. Ordered that the decision is affirmed, without costs.