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Matter of Zipes

Appellate Division of the Supreme Court of New York, Third Department
Jul 20, 2000
274 A.D.2d 819 (N.Y. App. Div. 2000)

Opinion

July 20, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 8, 1999, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Melvin Zipes, Poughkeepsie, appellant in person.

Vergilis, Stenger, Roberts Pergament (Albert Roberts of counsel), Wappinger Falls, for Town of Wappinger, respondent.

Before: Cardona, P.J., Mercure, Carpinello, Graffeo and Rose, JJ.


MEMORANDUM AND ORDER

Claimant was employed by respondent in a part-time capacity to temporarily fill in for another employee. Claimant refused an offer extending his employment because he wanted to pursue a job in his field of specialty as a computer programmer. The Unemployment Insurance Appeal Board found that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily separated from his employment without good cause. We affirm. Substantial evidence supports the decision of the Board finding that claimant was disqualified from receiving benefits because he refused an offer of suitable employment without good cause (see, Matter of Livingston [Commissioner of Labor], 268 A.D.2d 665; Matter of Zimmerman [Commissioner of Labor], 252 A.D.2d 648, appeal dismissed 92 N.Y.2d 1025). Moreover, the overpayment of $1,825 in benefits paid to claimant was properly ruled to be recoverable since he cited "lack of work" on his application for benefits as the reason for his separation from employment despite his knowledge that continuing work was available.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Zipes

Appellate Division of the Supreme Court of New York, Third Department
Jul 20, 2000
274 A.D.2d 819 (N.Y. App. Div. 2000)
Case details for

Matter of Zipes

Case Details

Full title:IN THE MATTER OF THE CLAIM OF MELVIN ZIPES, Appellant. TOWN OF WAPPINGER…

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

Date published: Jul 20, 2000

Citations

274 A.D.2d 819 (N.Y. App. Div. 2000)
710 N.Y.S.2d 736