Opinion
May 27, 1993
Appeal from the Unemployment Insurance Appeal Board.
Claimant testified that he requested a one-month leave of absence to attend a college course. He stated that he needed the time off to study for the course. The request was denied because there was no one to replace him during that time. As a result, claimant quit. The question of whether claimant had good cause for voluntarily leaving his employment was one of fact for the Unemployment Insurance Appeal Board to resolve (see, Matter of Dank [Ross], 80 A.D.2d 717). It has previously been held that leaving employment to attend school or because the employment conflicts with school does not constitute good cause under the Labor Law (see, Matter of Nonnon [Ross], 74 A.D.2d 943; Matter of Manning [Ross], 59 A.D.2d 818; Matter of Schifferle [Catherwood], 33 A.D.2d 847). Although claimant now advances other reasons for leaving his employment, they were never raised at the administrative level. The Board's conclusion that claimant left for personal and noncompelling reasons is supported by substantial evidence and must therefore be upheld. Claimant's remaining contentions have been reviewed and rejected for lack of merit.
Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.