Claim of Ostrove
| Decision Date | 03 January 1985 |
| Citation | 484 N.Y.S.2d 319,107 A.D.2d 883 |
| Parties | In the Matter of the Claim of Gail OSTROVE, Appellant. Commission of Juvenile Justice, Respondent. Lillian Roberts, as Commissioner of Labor, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Gail Ostrove, pro se.
Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City (Elizabeth S. Natrella, New York City, of counsel), for respondent Commission of Juvenile Justice.
Before MAHONEY, P.J., and MIKOLL, YESAWICH, LEVINE and HARVEY, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1984, which ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause.
In December of 1980, claimant commenced employment as a provisional case worker, i.e., a social worker, with the Commission of Juvenile Justice, an agency of the City of New York. The appointment was made permanent on June 4, 1983 and she was assigned to the Manhattan Family Court. Five days later, with notice to her employer, claimant moved from the city to her parents' home in the Village of Roslyn, Nassau County; she then had a reasonable time of not greater than one year within which to comply with the city's requirement that permanent employees reside within the city. Thereafter, on August 9, 1983, following reorganization resulting in staff reductions, the employer notified claimant, who had little seniority, of her transfer effective September 1, 1983, to the Spofford Detention Center located in the South Bronx. After being advised by the director of personnel that there was no alternative assignment available, claimant resigned effective August 31, 1983. Her reasons for doing so were that the South Bronx area where she was to work was allegedly unsafe and over one and one-half hours from her Roslyn residence. The Unemployment Insurance Appeal Board, reversing an administrative law judge, determined that claimant was disqualified from receiving unemployment insurance benefits. Claimant, appearing pro se, appeals.
Inasmuch as claimant's travel hardship was brought about because she voluntarily chose to depart from the city, it does not constitute good cause for leaving her employment. Even if compelling circumstances necessitated her relocation to Roslyn, the board could properly conclude that the travel time involved, though somewhat in excess of one and one-half hours, did not justify claimant's...
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...561 N.Y.S.2d 105 ... 165 A.D.2d 942 ... In the Matter of the Claim of Mary REGO, Appellant ... Thomas F. Hartnett, as Commissioner of Labor, Respondent ... Supreme Court, Appellate Division, ... Third Department ... Moreover, refusing employment or leaving a job within a reasonable commuting distance can constitute disqualifying misconduct (Matter of Ostrove [Commission of Juvenile Justice--Roberts], 107 A.D.2d 883, 484 N.Y.S.2d 319). We find no reason to disturb the Board's decision in this case (see, ... ...
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... ... School Dist.--Roberts], 100 A.D.2d 640, 641, 473 N.Y.S.2d 273, lv. denied 63 N.Y.2d 609, 483 N.Y.S.2d 1025, 472 N.E.2d 1045). Refusing a job which is within a reasonable commuting distance can constitute disqualifying misconduct (see, Matter of Ostrove [Commission of Juvenile Justice--Roberts], 107 A.D.2d 883, 484 N.Y.S.2d 319; Matter of Fischl [Catherwood], 28 A.D.2d 1021, 283 N.Y.S.2d 771). Here, the distance from claimant's residence to the Amsterdam station which she refused work at was approximately 32 miles. She was paid $5.10 an hour ... ...
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