X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: May 10, 2007 501402 ___________________________ In the Matter of the Claim of DANA A. SCUDERI, Appellant. COMMISSIONER OF LABOR, Respondent. ______________________ Calendar Date: April 11, 2007 Before: Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ. _____ Dana A. Scuderi, New Kingston, appellant pro se. Andrew M. Cuomo, Attorney General, New York City (Linda D. Joseph of counsel), for respondent. _____ Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 14, 2006, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she refused an offer of suitable employment without good cause. Claimant worked as a project management assistant until she was laid off on December 27, 2004. Thereafter, she received unemployment insurance benefits. Starting in mid-February 2005, the employer repeatedly called claimant and left messages offering her the opportunity to return to work. Claimant, however, never spoke with the employer and did not return to her job. As a result, the Unemployment Insurance Appeal Board ruled that she was disqualified from receiving benefits because she refused an offer of suitable employment without good cause. In addition, the Board charged her with a recoverable overpayment of benefits pursuant to Labor Law § 597 (4) and reduced her right to receive future benefits by eight effective days. Claimant appeals. We affirm. “A claimant who refuses to accept a job for which he or she is reasonably suited by training and experience will be disqualified from receiving unemployment insurance benefits” (Matter of Guzenski [Commissioner of Labor], 20 AD3d 801, 802 [2005] [citations omitted]). Here, although claimant testified that she never received any messages from the employer concerning an offer of employment, this presented a credibility issue for the Board to resolve (see Matter of Nappi [Commissioner of Labor], 260 AD2d 714, 714 [1999]). Substantial evidence supports the Board’s finding that she refused an offer of suitable employment without good cause (see Matter of McKeon [Community Health Care - Commissioner of Labor], 306 AD2d 792, 793 [2003]). Claimant’s failure to disclose the job offer when certifying for benefits supports the Board’s finding that she made willful false statements to obtain benefits (see Matter of Turner [Commissioner of Labor], 6 AD3d 915, 916 [2004]). Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ., concur. ORDERED that the decision is affirmed, without costs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›