Opinion
May 20, 1993
Appeal from the Unemployment Insurance Appeal Board.
Claimant was employed as a home health care aide. According to the testimony of the employer's representatives, on claimant's last day of work she had a disagreement with the daughter of one of her clients as to what the client should wear. The daughter told claimant that if she did not like her instructions claimant could leave. Claimant then stated "Fine. I'll quit and apply for unemployment." Claimant refused when the employer offered her another assignment, stating again that she wished to apply for unemployment insurance benefits. Under these circumstances, the conclusion by the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because she voluntarily left her job without good cause is supported by substantial evidence and must therefore be upheld (see, Matter of Jolly [Levine], 52 A.D.2d 706; Matter of Rubinstein [Catherwood], 33 A.D.2d 950). Although claimant contended that she was discharged, this merely presented a question of credibility for the Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714). Finally, the overpayments claimant received were properly deemed recoverable pursuant to Labor Law § 597 (4) (see, Matter of Barber [Roberts], 121 A.D.2d 767).
Yesawich Jr., J.P., Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.