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Matter of the Claim of Di Stefano

Appellate Division of the Supreme Court of New York, Third Department
Apr 10, 2003
304 A.D.2d 950 (N.Y. App. Div. 2003)

Opinion

92788

April 10, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 16, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he refused an offer of suitable employment without good cause.

Joseph A. Di Stefano, Massapequa, appellant pro se.

Before: Cardona, P.J., Crew III, Peters, Carpinello and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant was hired as a motor vehicle salesperson. It was agreed after his first few days of work, however, that the overcrowded working conditions caused by renovations to the employer's showroom rendered it advisable for claimant to take a leave of absence and resume his position after the renovations had been completed. Claimant was contacted when his work space was ready but declined to return, stating that he had found another job. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving unemployment insurance benefits because he had refused an offer of suitable employment without good cause. We affirm.

In general, a claimant who rejects employment for which he or she "is reasonably fitted by training and experience" is disqualified from receiving unemployment insurance benefits (Labor Law § 593;see Matter of Davis [Commissioner of Labor], 297 A.D.2d 851, 852). As to the matter under review, it is undisputed that claimant had the training and years of experience qualifying him for the position of car salesperson (see Matter of Heller [Sweeney], 240 A.D.2d 791, 792). The discrepancy between claimant's version of the events leading to his unemployment and that of the employer raised issues of credibility for resolution by the Board (see Matter of Iannarelli [Sweeney], 233 A.D.2d 666). We conclude that substantial evidence supports the decision of the Board (see Matter of Waite [Commissioner of Labor], 276 A.D.2d 948, 949).

Cardona, P.J., Crew III, Peters, Carpinello and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Di Stefano

Appellate Division of the Supreme Court of New York, Third Department
Apr 10, 2003
304 A.D.2d 950 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Di Stefano

Case Details

Full title:IN THE MATTER OF THE CLAIM OF JOSEPH A. Di STEFANO, Appellant…

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

Date published: Apr 10, 2003

Citations

304 A.D.2d 950 (N.Y. App. Div. 2003)
757 N.Y.S.2d 157