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Matter of Beeker

Appellate Division of the Supreme Court of New York, Third Department
Jun 4, 1981
82 A.D.2d 953 (N.Y. App. Div. 1981)

Opinion

June 4, 1981


Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 16, 1980, which affirmed the decision of the Administrative Law Judge sustaining an initial determination of the Industrial Commissioner disqualifying claimant from benefits because she voluntarily left her employment without good cause, charging her with a recoverable overpayment of $1,666 in benefits, and holding that she willfully made false statements to obtain benefits by reason of which forfeiture of eight effective days was imposed. The record contains substantial evidence to support the finding that claimant left her position without good cause and, therefore, the board's determination should be affirmed (Matter of Coriou [Ross], 53 A.D.2d 934; cf. Matter of Stark [Ross], 66 A.D.2d 942; Matter of Fried [Ross], 54 A.D.2d 521). Refusal of offered employment results in disqualification for benefits (Matter of Alexander [Chase Manhattan Bank, N.A. — Ross], 59 A.D.2d 960). Failure to make full disclosure of a job refusal constitutes willful misrepresentation (cf. Matter of Tiano [Catherwood], 27 A.D.2d 879). The board determination is supported by substantial evidence and should not be disturbed. Decision affirmed, without costs. Mahoney, P.J., Sweeney, Casey, Yesawich, Jr., and Weiss, JJ., concur.


Summaries of

Matter of Beeker

Appellate Division of the Supreme Court of New York, Third Department
Jun 4, 1981
82 A.D.2d 953 (N.Y. App. Div. 1981)
Case details for

Matter of Beeker

Case Details

Full title:In the Matter of the Claim of JOSEPHINE A. BEEKER, Appellant. PHILIP ROSS…

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

Date published: Jun 4, 1981

Citations

82 A.D.2d 953 (N.Y. App. Div. 1981)

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