Opinion
94789.
Decided and Entered: April 15, 2004.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 13, 2002, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she refused an offer of suitable employment without good cause.
Erika L. Turner, Rochester, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.
Before: Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
The record reflects that claimant refused an offer from her former employer to return to her previous position at the same hours and rate of pay. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because, without good cause, she refused an offer of employment for which she was reasonably suited by training or experience (see Labor Law § 593; Matter of McKeon [Community Health Home Care — Commissioner of Labor], 306 A.D.2d 792; Matter of Hill [Commissioner of Labor], 305 A.D.2d 843, 843-844; Matter of Davis [Commissioner of Labor], 297 A.D.2d 851, 852). Although claimant asserts that the former employer only mentioned the possibility of an employment position being available without any details as to the position or when it would begin and also points to inconsistencies in the former employer's testimony, these contentions created credibility issues for the Board to resolve (see Matter of Hill [Commissioner of Labor],supra at 844; Matter of Palmer [Commissioner of Labor], 265 A.D.2d 787). Furthermore, because claimant failed to disclose the offer of employment when certifying for unemployment insurance benefits, the Board's finding that claimant made willful false statements to obtain benefits will not be disturbed (see Matter of Nappi [Commissioner of Labor], 260 A.D.2d 714).
Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur.
ORDERED that the decision is affirmed, without costs.