IN RE: the Claim of Ann M. GATTO

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

IN RE: the Claim of Ann M. GATTO, Appellant. Commissioner of Labor, Respondent.

Decided: January 27, 2000

Before:  MERCURE, J.P., PETERS, SPAIN, CARPINELLO and MUGGLIN, JJ. Ann M. Gatto, Brick, New Jersey, appellant in person. Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 30, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The record indicates that, during the last 1 1/212 years of claimant's employment as a receptionist and purchasing manager, she had to commute 70 miles each way from her home to work and back again, sometimes in heavy traffic.   Claimant resigned her position because the long commute made her feel drowsy and she was afraid of falling asleep at the wheel.   Substantial evidence supports the Unemployment Insurance Appeal Board's ruling disqualifying claimant from receiving unemployment insurance benefits because she left her employment for noncompelling reasons.   The Board rationally concluded that claimant had accepted the longstanding commute as part of the terms and conditions of her employment (see, Matter of Cinque [Sweeney], 224 A.D.2d 912, 638 N.Y.S.2d 794).   Notably, claimant provided no evidence indicating that a medical condition was causing her drowsiness while commuting, nor did she receive any medical advice to quit her job (see, Matter of Ikoli [Commissioner of Labor], 249 A.D.2d 673, 671 N.Y.S.2d 206;  Matter of Colavito [Hartnett], 180 A.D.2d 883, 579 N.Y.S.2d 488).   We have considered claimant's remaining arguments and find them to be unpersuasive.

ORDERED that the decision is affirmed, without costs.


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