Opinion
93009
Decided and Entered: June 19, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 20, 2002, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Galina Gurtenboim, New York City, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.
Before: Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant left her employment as a home attendant under disqualifying circumstances. The record discloses that when her last assignment ended, claimant notified the employer placement agency that she would not accept any future assignments. Her reason for doing so — working after 5:00 P.M. interfered with her child care arrangements — has been found, under circumstances similar to those presented here, not to constitute good cause for leaving employment (see Matter of Vitale [Commissioner of Labor], 263 A.D.2d 758, 758;Matter of Romano [Commissioner of Labor], 239 A.D.2d 690, 690).
Substantial evidence further supports the Board's assessment of a recoverable overpayment of benefits on the ground that claimant willfully misrepresented that her employment was terminated due to lack of work, a statement contradicted by the hearing testimony of claimant's supervisor (see Matter of Palmer [Commissioner of Labor], 265 A.D.2d 787, 787). Any dispute regarding the circumstances surrounding the end of claimant's employment created an issue of credibility for the Board to resolve (see Matter of Nadler [Commissioner of Labor], 274 A.D.2d 825, 825).
Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.