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Matter of Pigott

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 836 (N.Y. App. Div. 1997)

Opinion

June 12, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was receiving unemployment insurance benefits after being laid off by his employer due to lack of work. Thereafter, the employer telephoned claimant and left messages informing him that work was available. When the employer spoke to claimant, claimant refused the work because he was waiting for an assignment from another company. The Unemployment Insurance Appeal Board subsequently ruled that claimant had refused an offer of suitable employment and disqualified him from receiving benefits. Based upon our review of the record, we conclude that substantial evidence supports the Board's finding that claimant refused suitable employment without good cause (see generally, Matter of Hibbard [Sweeney], 227 A.D.2d 698). Claimant's testimony that he never received any messages or telephone calls merely presented a credibility issue for the Board to resolve (see, Matter of Caillier [Hudacs], 194 A.D.2d 1025).

Mercure, J.P., Crew III, Casey, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Pigott

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 836 (N.Y. App. Div. 1997)
Case details for

Matter of Pigott

Case Details

Full title:In the Matter of the Claim of JAMES J. PIGOTT, Appellant. MET CONSTRUCTION…

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

Date published: Jun 12, 1997

Citations

240 A.D.2d 836 (N.Y. App. Div. 1997)
659 N.Y.S.2d 810