SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
October 23, 1969
IN THE MATTER OF THE CLAIM OF MARIA E. PEREZ, APPELLANT. MARTIN P. CATHERWOOD, AS INDUSTRIAL COMMISSIONER, RESPONDENT
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, filed April 15, 1968, disqualifying her from receiving benefits on the ground that she refused employment without good cause (Labor Law, § 593).
Greenblott, J. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Greenblott, J.
After working as a sequins operator for two and one half years, she devoted 70 hours to a manicurist course, for which she paid $70 tuition. Her last job was as a manicurist with earnings averaging somewhat less than she received as a sequins operator. She refused employment as a sequins operator with the base year employer at a wage rate higher than she received as a manicurist on the ground that it would downgrade her from her classification as a manicurist. What constitutes good cause is a factual determination of the board (Labor Law, § 593) and where, as here, it is supported by substantial evidence, it must be affirmed. A claimant may not avoid disqualification for refusal of employment without good cause merely because the offer of employment does not fully utilize all of her skills. (Matter of Linker [ Catherwood ], 27 A.D.2d 884.) While the full utilization of skills is desirable, the statutory test of disqualification is the refusal of employment for which claimant is reasonably fitted by training and experience. (Matter of De Bruyne [ Corsi ], 278 App. Div. 1036.) A person who is suited for two types of employment does not qualify for benefits if he refuses one merely because he prefers the other. (Matter of Ranno [ Catherwood ], 21 A.D.2d 721.) Decision affirmed, without costs.
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