In re the Claim of Soler, 24 A.D.3d 936 (N.Y. App. Div. 2005). · Go Syfert
In re the Claim of Soler, 24 A.D.3d 936 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Matter of Gilgoff (Commissioner of Labor) (nyappdiv, 2026-03-26)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Gilgoff (Commissioner of Labor)
N.Y. App. Div. · 2026 · confidence medium
While understandable, "absent a compelling medical necessity, relocating in order to care for a sick relative does not constitute good cause for leaving employment" ( Matter of Correa [Commissioner of Labor] , 32 AD3d 1090, 1090 [3d Dept 2006]; see Labor Law § 593 [1] [b] [ii]; Matter of Soler [Commissioner of Labor] , 24 AD3d 936, 937 [3d Dept 2005]).
discussed Cited as authority (rule) In re the Claim of Hughes
N.Y. App. Div. · 2008 · confidence medium
Moreover, claimant did not demonstrate that it was medically necessary for her to resign in order to provide care to her mother (see Matter of Soler [Commissioner of Labor], 24 AD3d 936, 937 [2005]; Matter of Munoz [Commissioner of Labor], 301 AD2d 1014 [2003]).
discussed Cited as authority (rule) In re the Claim of Correa
N.Y. App. Div. · 2006 · confidence medium
It is well settled that absent a compelling medical necessity, relocating in order to care for a sick relative does not constitute good cause for leaving employment (see Matter of Soler [Commissioner of Labor], 24 AD3d 936, 937 [2005]; Matter of Lugo [Commissioner of Labor], 294 AD2d 689, 689-690 [2002]; Matter of Shubert [Commissioner of Labor], 253 AD2d 926, 927 [1998]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Eusebio Soler, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Dec 8, 2005.
24 A.D.3d 936
Cited by 2 opinions  |  Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 28, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

In April 2004, claimant visited his mother in Puerto Rico, at which time he learned that she had been diagnosed with lung cancer a year earlier. Shortly after returning to his job at a[*937] printing company, claimant decided to relocate to Puerto Rico in order to care for his ailing mother. Claimant left his employment without notifying or thereafter contacting the employer. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. The record is void of any evidence that his relocation was medically necessary for the care of his mother (see Matter of Lugo [Commissioner of Labor], 294 AD2d 689 [2002]; Matter of Carrasquillo [Commissioner of Labor], 250 AD2d 910 [1998]). Moreover, by neglecting to inform the employer of his departure or inquire about a leave of absence, claimant failed to take reasonable steps to protect his employment (see Matter of Nunez [Commissioner of Labor], 20 AD3d 848 [2005]; Matter of Uemura [Lenge Rest.—Commissioner of Labor], 308 AD2d 632 [2003]). Accordingly, the Board’s decision will not be disturbed.

Cardona, P.J., Crew III, Peters, Carpinello and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.