Opinion
June 29, 2000.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 11, 1998, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she refused an offer of suitable employment without good cause.
Theresa Ruggieri, Medford, appellant in person.
Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.
Before: Mercure, J.P., Peters, Mugglin, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Following the termination of claimant's employment as a teacher, she applied for unemployment insurance benefits and also placed her name on substitute teacher registries. On five separate days in January and February 1998, claimant was offered substitute teaching assignments but refused them because she had scheduled job interviews for potential full-time positions. Finding that claimant was disqualified from receiving benefits because she refused an offer of suitable employment without good cause, the Unemployment Insurance Appeal Board upheld the initial determination charging claimant with an overpayment of $1,425 in benefits recoverable pursuant to Labor Law § 597 Lab. (4) and reducing her right to receive future benefits by 24 effective days based upon claimant's willful misrepresentations. Claimant appeals.
While disqualification from receipt of benefits strikes us as a harsh penalty for a genuine effort to obtain full-time employment, we are constrained to affirm. It is settled law that a claimant's desire or efforts to obtain full-time employment do not constitute good cause for refusing an offer of temporary employment (see, e.g., Matter of Zimmerman [Commissioner of Labor], 252 A.D.2d 648, appeal dismissed 92 N.Y.2d 1025; Matter of Cancellieri [Sweeney], 231 A.D.2d 769; Matter of Wachtel [Hartnett], 168 A.D.2d 773; Matter of McCarthy [Ross], 82 A.D.2d 1014). We were recently faced with a highly analogous fact pattern in the case ofMatter of Livingston [Commissioner of Labor] ( 268 A.D.2d 665), and upheld the Board's determination that the refusal of a temporary one-day assignment in order to attend a scheduled job interview for full-time employment constituted refusal of an offer of suitable employment without good cause (see, Labor Law § 593 Lab. [2]). We therefore conclude that substantial evidence supports the Board's decision.
Claimant's additional contentions, including her argument based upon Matter of Schmidt (Vestal Cent. School Dist. — Roberts) ( 100 A.D.2d 655, lv denied 63 N.Y.2d 609), are either unpreserved or have been considered and found to be lacking in merit.
Peters, Mugglin, Rose and Lahtinen, JJ., concur.
ORDERED that the decision is affirmed, without costs.