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IN RE: the Claim of Margaret KOLLER, Appellant. St. Mary's Foundation for Children, Respondent. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 26, 2000, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant challenges a decision of the Unemployment Insurance Appeal Board finding that she voluntarily left her employment as a temporary secretary without good cause. The record establishes that claimant informed the employer that she was resigning because she disliked the nature of her employment and wanted to travel with her husband. Neither dissatisfaction with one's employment responsibilities (see, Matter of Parmeter [Commissioner of Labor], 270 A.D.2d 552, 553, 703 N.Y.S.2d 588, lv. denied 95 N.Y.2d 756, 712 N.Y.S.2d 448, 734 N.E.2d 760; Matter of Robinson [Sweeney], 245 A.D.2d 939, 940, 666 N.Y.S.2d 811) nor a desire to travel (see, Matter of Gervits [Sweeney], 247 A.D.2d 749, 668 N.Y.S.2d 783; Matter of Bodetti [Levine], 50 A.D.2d 682, 375 N.Y.S.2d 421) has been held to constitute good cause for leaving one's employment. Claimant's testimony that she planned to travel only on weekends created a credibility issue for the Board to resolve (see, Matter of Reifer [D'Angelo-Commissioner of Labor], 253 A.D.2d 949, 677 N.Y.S.2d 820). Under these circumstances, substantial evidence supports the Board's decision that claimant was disqualified from receiving unemployment insurance benefits because she resigned from her employment for personal and noncompelling reasons.
Furthermore, we find no reason to disturb the Board's imposition of a recoverable overpayment of benefits since claimant cited “lack of work” on her application for unemployment insurance benefits despite the fact that continuing work was available (see, Matter of James [Commissioner of Labor], 285 A.D.2d 888, 728 N.Y.S.2d 588 [2001]; Matter of Zipes [Town of Wappinger-Commissioner of Labor], 274 A.D.2d 819, 710 N.Y.S.2d 736).
ORDERED that the decision is affirmed, without costs.
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Decided: November 08, 2001
Court: Supreme Court, Appellate Division, Third Department, New York.
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