AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF THE CLAIM OF PETER P. SPINA, Appellant. v. COMMISSIONER OF LABOR, Respondent.

MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving unemployment insurance benefits because he refused an offer of suitable employment without good cause. The record establishes that claimant refused a job offer from a previous employer because it was less than 80% of his high calendar quarter wages in his base period. Labor Law § 593 (2) permits refusal of an offer of employment if, after receiving unemployment insurance benefits for 13 weeks, the wages are less than 80% of one's high calendar quarter wages in the base period. Here, however, claimant had been receiving unemployment insurance benefits for only three weeks at the time that the offer was made, thus Labor Law § 593 (2) is inapplicable. Inasmuch as claimant refused an offer of employment for which he was "reasonably fitted by training and experience" (Labor Law § 593), the Board's decision will not be disturbed. Furthermore, having failed to disclose the offer of employment when certifying for benefits, the Board's finding of willful misrepresentation and recoverable overpayment of benefits will not be disturbed (see Matter of Nappi [Commissioner of Labor], 260 A.D.2d 714; Matter of Beeker [Ross], 82 A.D.2d 953).

Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

IN RE: SPINA v. COMMISSIONER OF LABOR
(May 6, 2004)