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Matter of Claim of Gibbs

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 2000
273 A.D.2d 672 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: June 22, 2000.

Appeal from decision of the Unemployment Insurance Appeal Board, filed March 29, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she refused an offer of suitable employment without good cause.

Dorothy Gibbs, New York City, appellant in person.

Before: Cardona, P.J., Mercure, Peters, Rose and Lahtinen JJ.


MEMORANDUM AND ORDER

"Whether a claimant had good cause to refuse an offer of suitable employment is a question for the Unemployment Insurance Appeal Board and its decision, if supported by substantial evidence, must be upheld" (Matter of Palmer [Commissioner of Labor], 265 A.D.2d 787, 787). Here, claimant, a home health care aide, applied for unemployment insurance benefits due to lack of work. Thereafter, the employer offered claimant a position as a home health aide which claimant declined on the ground that it involved too many hours. The employer again contacted claimant regarding another position which claimant refused because she would have to take two trains. Inasmuch as substantial evidence supports the decision of the Board that claimant refused an offer of suitable employment without good cause, it will not be disturbed (see, Matter of Livingston [Commissioner of Labor], 268 A.D.2d 665, 701 N.Y.S.2d 458). Claimant's remaining arguments have been examined and found to be unpersuasive.

Cardona, P.J., Mercure, Peters, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Claim of Gibbs

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 2000
273 A.D.2d 672 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of Gibbs

Case Details

Full title:In the Matter of the Claim of DOROTHY GIBBS, Appellant. COMMISSIONER OF…

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

Date published: Jun 22, 2000

Citations

273 A.D.2d 672 (N.Y. App. Div. 2000)
711 N.Y.S.2d 358

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