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Matter of Heller

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 1997
240 A.D.2d 791 (N.Y. App. Div. 1997)

Opinion

June 5, 1997

Appeal from the Unemployment Insurance Appeal Board.


Whether a claimant has refused an offer of suitable employment without good cause is a question for the Unemployment Insurance Appeal Board and its resolution of that inquiry, if supported by substantial evidence, must be upheld ( see, Matter of Gray [Roberts], 130 A.D.2d 904, 905). Here, the employer's representative testified that claimant, who previously had been employed in a temporary position as an administrative assistant earning $23 per hour, was offered a similar position with a national accounting firm at the rate of $14 per hour. According to the employer's representative, claimant was qualified for the position and the salary offered was within the prevailing range of salaries paid for similar positions in that area.

The record further establishes that claimant, instead of accepting the position, repeatedly requested that the employer's representative locate a different job for her — specifically, one that would pay a higher salary. The mere fact that the salary offered, however, was less than that previously earned by claimant does not constitute good cause for refusing employment ( see, Matter of D'Allesandro [Hudacs], 186 A.D.2d 954, 955). Although claimant denied refusing the offered position, this merely presented a credibility issue for the Board to resolve. Based upon our review of the entire record, we cannot say that the Board's decision, finding that claimant refused an offer of suitable employment without good cause, is not supported by substantial evidence in the record.

Cardona, P.J., Mikoll, White and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Heller

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 1997
240 A.D.2d 791 (N.Y. App. Div. 1997)
Case details for

Matter of Heller

Case Details

Full title:In the Matter of the Claim of SONJA M. HELLER, Appellant. JOHN E. SWEENEY…

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

Date published: Jun 5, 1997

Citations

240 A.D.2d 791 (N.Y. App. Div. 1997)
658 N.Y.S.2d 518

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