IN RE: the Claim of Barbara A. HAGGERTY

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

IN RE: the Claim of Barbara A. HAGGERTY, Appellant. Commissioner of Labor, Respondent.

Decided: April 24, 2008

Before:  CARDONA, P.J., PETERS, ROSE, KANE and KAVANAGH, JJ. Barbara A. Haggerty, Middleton, appellant pro se. Andrew M. Cuomo, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 23, 2007, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment without good cause.   Claimant, a customer service representative, resigned from her position in January 2007 because the increased commute time that resulted from the employer's relocation had become too stressful for her to continue.   The record reveals, however, that claimant did not undertake any reasonable steps to protect her employment prior to resigning.   Notably, claimant did not explore public transportation options, nor did she request that the employer change her work shift to minimize traffic impacts, seek a leave of absence or otherwise solicit the employer's assistance in resolving her commuting concerns (see e.g. Matter of Warmsley [Commissioner of Labor], 32 A.D.3d 1059, 1059-1060, 820 N.Y.S.2d 668 [2006];  Matter of Jing Ying Zeng [Commissioner of Labor], 268 A.D.2d 747, 702 N.Y.S.2d 169 [2000] ).   Similarly, although claimant testified that she was placed on medication to help her cope with the stress of her commute, she conceded that her physician did not advise her to leave her employment (see Matter of Cieslewicz [Commissioner of Labor], 1 A.D.3d 878, 767 N.Y.S.2d 291 [2003];  Matter of Ikoli [Commissioner of Labor], 249 A.D.2d 673, 671 N.Y.S.2d 206 [1998] ).   Under such circumstances, we discern no basis upon which to disturb the Board's decision in this regard.

ORDERED that the decision is affirmed, without costs.

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