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Matter of Livingston

Appellate Division of the Supreme Court of New York, Third Department
Jan 6, 2000
268 A.D.2d 665 (N.Y. App. Div. 2000)

Opinion

January 6, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 25, 1998, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she refused an offer of suitable employment without good cause.

Lorraine Livingston, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: MERCURE, J.P., PETERS, SPAIN, GRAFFEO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

Claimant, who had worked as an on-call nurse's aide, filed an initial claim for unemployment insurance benefits effective February 2, 1998. Thereafter, on February 13, 1998, claimant was offered a temporary one-day assignment the following day as a nurse's aide which she refused because of a scheduled job interview for full-time employment. The Unemployment Insurance Appeal Board ruled, inter alia, that claimant was disqualified from receiving benefits because she refused an offer of suitable employment without good cause.

We affirm. Given the proof in the record and the permissible inferences that can be drawn therefrom, we conclude that substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving benefits because she refused an offer of suitable employment without good cause (see, e.g., Matter of Zimmerman [Commissioner of Labor], 252 A.D.2d 648, appeal dismissed 92 N.Y.2d 1025; Matter of Cancellieri [Sweeney], 231 A.D.2d 769). Claimant's remaining arguments have been examined and found to be unpersuasive.

MERCURE, J.P., PETERS, SPAIN, GRAFFEO and MUGGLIN, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Livingston

Appellate Division of the Supreme Court of New York, Third Department
Jan 6, 2000
268 A.D.2d 665 (N.Y. App. Div. 2000)
Case details for

Matter of Livingston

Case Details

Full title:In the Matter of the Claim of LORRAINE LIVINGSTON, Appellant. COMMISSIONER…

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

Date published: Jan 6, 2000

Citations

268 A.D.2d 665 (N.Y. App. Div. 2000)
701 N.Y.S.2d 458