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Matter of Poland

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 647 (N.Y. App. Div. 1997)

Opinion

May 1, 1997

Appeal from the Unemployment Insurance Appeal Board


On March 15, 1994, claimant refused an offer for a 12-day secretarial position because she wanted to pursue her career as an attorney. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she refused suitable employment without good cause and charged her with a recoverable overpayment. Although claimant does not dispute the fact that she declined employment, she contends on appeal that the recoverable overpayment should have been limited to the 12 days she refused to work. We disagree. As a result of being found to be disqualified from receiving unemployment insurance benefits, any payments claimant received after she refused suitable employment were properly recoverable ( see, Labor Law § 597; see also, Matter of Bahr [Sweeney], 234 A.D.2d 836, 837; Matter of Simone [Estate of King — Hartnett], 142 A.D.2d 768). Claimant's remaining contentions have been reviewed and found to be without merit.

Mikoll, J.P., White, Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Poland

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 647 (N.Y. App. Div. 1997)
Case details for

Matter of Poland

Case Details

Full title:In the Matter of the Claim of SANDRA S. POLAND, Appellant. JOHN E…

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

Date published: May 1, 1997

Citations

239 A.D.2d 647 (N.Y. App. Div. 1997)
656 N.Y.S.2d 703