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In the Matter of the Claim of

State of New York Supreme Court, Appellate Division Third Judicial Department


December 6, 2012

IN THE MATTER OF THE CLAIM OF JANET L. DOUD, APPELLANT. COMMISSIONER OF LABOR, RESPONDENT.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 9, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left from her employment without good cause.

MEMORANDUM AND ORDER

Calendar Date: October 29, 2012

Before: Peters, P.J., Lahtinen, Malone Jr., Stein and Garry, JJ.

In January 2010, claimant, a teacher's aide, requested a leave of absence to address a medical condition that caused her to miss work sporadically. The employer requested certain information from claimant's treating physician to support her request, and claimant obtained a note from her physician indicating that she was being treated for certain conditions. The employer advised claimant that more information was needed regarding the medical necessity for her absence from work and her expected return date. Claimant refused to request the additional information from her physician, choosing instead to resign. Claimant thereafter applied for unemployment insurance benefits. Following a hearing, the Administrative Law Judge determined that claimant had voluntarily separated from her employment for noncompelling personal reasons and was, therefore, not entitled to unemployment insurance benefits. Upon review, the Unemployment Insurance Appeal Board adopted the findings of the Administrative Law Judge and affirmed the decision. Claimant now appeals.

Our review of the record confirms that there is substantial evidence supporting the Board's decision (see Matter of Washington [Commissioner of Labor], 51 AD3d 1306, 1307 [2008]; Matter of Hill [Commissioner of Labor], 37 AD3d 931, 932 [2007], lv denied 9 NY3d 807 [2007]; Matter of Ramirez [Commissioner of Labor], 285 AD2d 925, 926 [2001]). Claimant testified that she refused to ask her physician for the information necessary to support her requested leave of absence because she did not think he would provide it. Claimant also testified, and her letter of resignation stated, that it was her choice to leave her employment, and she provided no legally compelling personal or medical reason for her resignation. Accordingly, we will not disturb the Board's decision.

Peters, P.J., Lahtinen, Malone Jr., Stein and Garry, JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20121206

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