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Matter of Murphy

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1981
82 A.D.2d 970 (N.Y. App. Div. 1981)

Opinion

June 11, 1981


Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 15, 1980, which affirmed an Administrative Law Judge's decision sustaining initial determinations of the Industrial Commissioner that claimant was ineligible for benefits because (1) she was not available for employment and (2) she had refused employment without good cause. Issues of fact concerning restrictions imposed on proffered employment (Matter of Beal [Ross], 67 A.D.2d 1026) are for the board's determination (Matter of Lunney [Catherwood], 32 A.D.2d 864), and if supported by substantial evidence, that determination will not be disturbed. Similarly, refusal of employment for good cause is a factual issue solely within the province of the board (Matter of Anderson [Levine], 53 A.D.2d 771). Refusal of employment that is temporary is not good cause (Matter of Hernandez [Catherwood], 33 A.D.2d 972), and if the determination is supported by substantial evidence, it will be affirmed (see Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358). Decision affirmed, without costs. Main, J.P., Casey, Yesawich, Jr., Weiss and Herlihy, JJ., concur.


Summaries of

Matter of Murphy

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1981
82 A.D.2d 970 (N.Y. App. Div. 1981)
Case details for

Matter of Murphy

Case Details

Full title:In the Matter of the Claim of VERONICA L. MURPHY, Appellant. PHILIP ROSS…

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

Date published: Jun 11, 1981

Citations

82 A.D.2d 970 (N.Y. App. Div. 1981)

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