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Matter of Yates

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 917 (N.Y. App. Div. 1998)

Opinion

May 7, 1998

Appeal from the Unemployment Insurance Appeal Board.


While claimant was out of work and receiving workers' compensation benefits, she relocated to a residence that was 45 to 50 minutes from her employer. When the employer subsequently offered claimant another position at the same salary, claimant declined, citing the length of the commute from her new home. The Unemployment Insurance Appeal Board ruled that claimant was ineligible to receive benefits because she refused an offer of suitable employment without good cause. We affirm. A claimants rejection of an otherwise suitable offer of employment based upon an objection to the length of the commute has been found not to constitute "good cause" within the meaning of the Labor Law ( see, Matter of Franco [Hudacs], 207 A.D.2d 577; Matter of Lowery [Hudacs], 201 A.D.2d 814, 815). We conclude that substantial evidence supports the Board's decision.

Mercure, J.P., Crew III, Peters, Spain and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Yates

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 917 (N.Y. App. Div. 1998)
Case details for

Matter of Yates

Case Details

Full title:In the Matter of the Claim of SANDRA L. YATES, Appellant. COMMISSIONER OF…

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

Date published: May 7, 1998

Citations

250 A.D.2d 917 (N.Y. App. Div. 1998)
672 N.Y.S.2d 509

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