IN RE: the Claim of Cynthia L. DAWSON

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

IN RE: the Claim of Cynthia L. DAWSON, Appellant. New York City Health and Hospitals Corporation, Respondent. Commissioner of Labor, Respondent.

Decided: June 29, 2006

Before:  CARDONA, P.J., CREW III, PETERS, SPAIN and CARPINELLO, JJ. Cynthia L. Dawson, Indian Trail, North Carolina, appellant pro se. Michael A. Cardozo, Corporation Counsel, New York City (Deborah A. Brenner of counsel), for New York City Health and Hospitals Corporation, respondent. Eliot Spitzer, Attorney General, New York City (Gary Leibowitz of counsel), for Commissioner of Labor, respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 16, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant worked as an associate medical records specialist for a hospital in New York City. In July or August 2003, claimant's husband and family relocated to North Carolina after her husband's company moved there.   Claimant stayed in New York City until July 2004 at which time she resigned from her position and moved to North Carolina.   After leaving her job, claimant applied for unemployment insurance benefits in New York. The Unemployment Insurance Appeal Board disqualified her from receiving benefits on the ground that she voluntarily left her employment without good cause.   This appeal ensued.

 We affirm.  “A brief delay in resigning from one's employment in order to join a relocating spouse might not disqualify a claimant from receiving benefits, provided that the resignation was intended at the time the spouse relocated ․ and ․ the length of the delay ‘was reasonable under the circumstances' ” (Matter of Edkin [Commissioner of Labor], 263 A.D.2d 758, 759, 692 N.Y.S.2d 849 [1999], quoting Matter of Stuber [M. Shanken Communications-Commissioner of Labor], 253 A.D.2d 972, 677 N.Y.S.2d 824 [1998] [citation omitted] ).   In the instant case, claimant waited an entire year to join her husband and family in North Carolina.   She stayed behind to increase her years of service and avoid a reduction of her pension benefits.   Under these circumstances, we find that the Board could properly conclude that the lengthy delay was unreasonable and claimant did not have good cause for leaving her employment (see Matter of Glendinning [Commissioner of Labor], 260 A.D.2d 828, 828-829, 688 N.Y.S.2d 771 [1999];  Matter of Leon-Ghadamabadi [Commissioner of Labor], 258 A.D.2d 797, 797-798, 685 N.Y.S.2d 870 [1999] ).

ORDERED that the decision is affirmed, without costs.

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