IN RE: the Claim of Elwira RULKA

Reset A A Font size: Print

Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Elwira RULKA, Appellant. Commissioner of Labor, Respondent.

Decided: April 30, 1998

Before MIKOLL, J.P., and WHITE, PETERS, SPAIN and GRAFFEO, JJ. Elwira Rulka, New York City, in person. Dennis C. Vacco, Attorney General (Linda D. Joseph, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 11, 1997, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

 Claimant was employed as a home health care attendant when she reportedly informed her employer that she wished to end her current assignment to attend school.   Claimant then began attending a full-time clerical and bookkeeping program and applied for unemployment insurance benefits.   She also sought certification for training pursuant to Labor Law § 599.   The Unemployment Insurance Appeal Board ruled that claimant voluntarily left her employment without good cause, disapproved her application for training and charged her with an overpayment of benefits.   We affirm.   Voluntarily leaving one's employment to attend school does not constitute good cause under the Labor Law (see, Matter of Kucich [Hudacs], 204 A.D.2d 929, 612 N.Y.S.2d 285;  Matter of Weremblewski [Hudacs], 193 A.D.2d 1030, 598 N.Y.S.2d 372).   To the extent that claimant's version of the events surrounding her departure differed from that of the employer, this conflict presented a credibility issue for the Board to resolve (see, Matter of Mesidor [Sweeney], 247 A.D.2d 696, 668 N.Y.S.2d 782).   Claimant's additional assertion that job-related depression contributed to her leaving was not substantiated by any medical evidence in the record (see, Matter of Ritchie [Sweeney], 243 A.D.2d 810, 665 N.Y.S.2d 334, 335).

ORDERED that the decision is affirmed, without costs.


Copied to clipboard