MATTER OF RODRIGUEZ


256 A.D.2d 768 (1998)

681 N.Y.S.2d 626

In the Matter of the Claim of EVELYN R. RODRIGUEZ, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 10, 1998.


Spain, J.

Claimant was employed as a disability examiner for a State agency for upwards of 18 years. In 1994 the pediatrician treating her two daughters for severe and chronic asthma recommended that they relocate to a warmer climate. Claimant's husband applied for and was eventually offered a hardship transfer to Florida, but at a lower salary. They put their home up for sale. In October 1995 claimant's husband moved to Florida to take the new job and the daughters...

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