Citation Numbers: 177 A.D.2d 904
Judges: Mahoney
Filed Date: 11/27/1991
Status: Precedential
Modified Date: 10/31/2024
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 20, 1990, which ruled that claimant was ineligible to receive unemployment insurance benefits because she refused employment without good cause.
On October 3, 1989 claimant was referred to a job interview located in the Village of Port Chester, Westchester County, as a receptionist paying $7 per hour. When claimant reached Port Chester she began walking in the direction of the employer’s establishment. Claimant, however, either could not locate or did not reach her destination and, after a period of time, returned to the bus depot because the time of her interview had passed. She later learned there was a scheduled bus route to her work destination. Claimant made no inquiry on the day of her appointment with respect to the existence of public transportation to the prospective employer’s premises, which was available, nor did she reschedule the interview.
On the basis of the foregoing, claimant was found ineligible for unemployment insurance benefits because she refused employment without good cause. An Administrative Law Judge sustained the determination and the Unemployment Insurance Appeal Board affirmed, concluding that claimant’s failure to appear for the job interview constituted a refusal of employment without good cause. This appeal followed.
Whether a claimant has a compelling reason for failing to report for the job interview is a question of fact for the Board, whose determination, if supported by substantial evidence, is final (see, Matter of Green [Republic Steel Corp.—Levine], 37 NY2d 554, 559; Matter of Drejza [Levine], 42 AD2d 659). In the
Casey, Mikoll, Crew III and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.