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Matter of Caillier

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 1993
194 A.D.2d 1025 (N.Y. App. Div. 1993)

Opinion

June 24, 1993

Appeal from the Unemployment Insurance Appeal Board.


A representative from Allwash of Syracuse, Inc. testified that on September 26 or 27, 1991 he called claimant on the telephone and offered him a job as an asbestos handler commencing October 1, 1991. The representative further testified that claimant, who had worked for Allwash earlier that year in the same capacity but at a lower rate of pay, refused the offer of employment without articulating any reason therefor. Although claimant denies ever speaking with anyone from Allwash about a job, this merely created a credibility question for the Unemployment Insurance Appeal Board to resolve (see, Matter of Smertenko [Levine], 50 A.D.2d 694). Any contention by claimant that his asbestos handler license had expired is belied by documentary evidence in the record indicating a November 30, 1991 expiration date for the license required to do this job. Under the circumstances, the Board's decision disqualifying claimant from receiving unemployment insurance benefits because he refused employment without good cause must be upheld as it is supported by substantial evidence (see, Matter of Weisberg [Levine], 52 A.D.2d 681; Matter of Piech [Levine], 50 A.D.2d 980).

Weiss, P.J., Levine, Crew III, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Caillier

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 1993
194 A.D.2d 1025 (N.Y. App. Div. 1993)
Case details for

Matter of Caillier

Case Details

Full title:In the Matter of the Claim of JEFFREY B. CAILLIER, Appellant. JOHN F…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 24, 1993

Citations

194 A.D.2d 1025 (N.Y. App. Div. 1993)
599 N.Y.S.2d 696

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