Opinion
November 16, 1961
Present — Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ.
Appeal by claimant from a decision of the Unemployment Insurance Appeal Board dated August 30, 1960 which affirmed a prior determination by the Referee that she, without good cause, had refused an offer of employment for which she was reasonably fitted by training and experience. Claimant is a practiced "duplicate maker" of women's ready-made dresses. On April 1, 1960 she became unemployed due to lack of work. On May 24, 1960 the employment service offered her similar employment in a union shop on a week work basis at a slightly higher wage scale. Although informed that the prospective employer was willing to accept her on an experimental basis until she was recalled to her former job, claimant refused the proffered referral on the ground that she had "always worked on a $5 $6 line and would not be able to work on a $10 line." The record contains substantial evidence to sustain the findings of the board. (Labor Law, § 593, subd. 2; § 623; Matter of Lipschitz [ Lubin], 7 A.D.2d 777.) The statute does not require "that a claimant must be warned that his refusal to accept a job offer might affect his rights to unemployment insurance benefits." ( Matter of Bernard [ Corsi], 285 App. Div. 921. ) Decision unanimously affirmed, without costs.