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In the Matter of the Claim of ROBERT VERSTEEG, Appellant v. COMMISSIONER OF LABOR, Respondent.

MEMORANDUM AND ORDER

Claimant left his employment as a group fitness instructor for a fitness center chain because he was relocating to Maine in order to attend school. Although claimant asked his supervisor about transferring to one of the same fitness chains in the Boston area, no answer was forthcoming and he failed to follow up on his request. Inasmuch as it has been held that leaving employment for the purpose of attending school does not constitute good cause under the Labor Law, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits (see, Matter of Hanukov [Commissioner of Labor], 260 A.D.2d 684). Furthermore, in light of the substantial evidence in the record that claimant willfully misrepresented that his employment ended due to lack of work on his application for unemployment insurance benefits, we find no reason to disturb the Board's determination of a recoverable overpayment of benefits (see, Matter of Graver [Hartnett], 176 A.D.2d 412).

ORDERED that the decision is affirmed, without costs.

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IN RE CLAIM OF VERSTEEG v. COMMR. OF LABOR
(May 17, 2001)