In re the Claim of Edkin
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 16, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
In October 1996, claimant left her employment as a sales representative for a food distributor in the City of Buffalo, Erie County, in order to relocate to Pennsylvania, where her husband had been transferred to a new job in November 1995.
We affirm. A brief delay in resigning from one’s employment in order to join a relocating spouse might not disqualify a claimant from receiving benefits, provided that the resignation was intended at the time the spouse relocated (see, Matter of Di Napoli [Commissioner of Labor], 249 AD2d 665, 667) and as long as the length of the delay “was reasonable under the circumstances” (Matter of Stuber [M. Shanken Communications—Commissioner of Labor], 253 AD2d 972). Based upon our review of the record as a whole, we cannot say that the Board erred in concluding that claimant’s delay in relocating was unreasonable. For example, although claimant testified that the delay was attributable in part to her desire to sell the family home, she thereafter left Buffalo before a purchase agreement for her house was signed. Indeed, the record supports the Board’s finding that claimant’s overriding motive in remaining in Buffalo was her hope that the employer would allow her to transfer her employment to Pennsylvania — a reason properly found to be noncompelling under the circumstances of this case (see, Matter of Leon-Ghadamabadi [Commissioner of Labor], 258 AD2d 797, 798).
Cardona, P. J., Mercure, Crew III, Spain and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.
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