Matter of Foster (Commissioner of Labor)

Matter of Foster (Commissioner of Labor) 2014 NY Slip Op 08294 Decided on November 26, 2014 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: November 26, 2014
518806

[*1] NAOMI FOSTER, Appellant.

and

COMMISSIONER OF LABOR, Respondent.

Calendar Date: October 21, 2014
Before: Peters, P.J., Stein, Garry, Egan Jr. and Devine, JJ.

Cindy R. Katz, Queens Legal Services, Jamaica, for appellant.

Eric T. Schneiderman, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 12, 2013, which, among other things, ruled that claimant was disqualified from receiving unemployment insurance benefits because she refused an offer of suitable employment.

Claimant, a registered nurse, applied for unemployment insurance benefits following the loss of her job. Thereafter, claimant received a letter from a former employer, a staffing agency, notifying her that her previous position as a registered nurse was available at one of its facilities. According to testimony from the employer's representatives, claimant never contacted the staffing agency about the position until months after the letter was sent and presented numerous excuses for her failure to respond. Although claimant testified that she had called within a week of receiving the letter but was told no job

was available, the conflict in the testimony presented a credibility issue for the Unemployment Insurance Appeal Board to resolve (see Matter of Newman [Commissioner of Labor], 43 AD3d 592, 593 [2007]; Matter of Turner [Commissioner of Labor], 6 AD3d 915, 916 [2004]). In light of the Board's credibility determinations, we find that its decision disqualifying claimant from receiving unemployment insurance benefits and charging her with a recoverable overpayment is supported by substantial evidence and will thereefore not be disturbed (see Matter of Guido [Commissioner of Labor], 108 AD3d 919, 920 [2013]; Matter of Scuderi [Commissioner of Labor], 40 AD3d 1234, 1235 [2007]).

Peters, P.J., Stein, Garry, Egan Jr. and Devine, JJ., concur.

ORDERED that the decision is affirmed, without costs.