IN RE: the Claim of Joseph SICURELLA

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Joseph SICURELLA, Appellant. Commissioner of Labor, Respondent.

Decided: October 28, 1999

Before:  MIKOLL, J.P., YESAWICH JR., PETERS, SPAIN and MUGGLIN, JJ. Joseph Sicurella, Williamsville, appellant in person. Eliot Spitzer, Attorney-General (Marjorie S. Leff of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 3, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

 Claimant, employed as head mail and supply clerk, accepted the employer's offer of an early retirement incentive package.   Testimony at the hearing established that in addition to three years longevity credits toward claimant's pension, negotiations resulted in a further incentive of a one-year contract performing essentially the same duties under the same supervisor.   The Unemployment Insurance Appeal Board ruled that claimant voluntarily left his employment without good cause and charged him with a recoverable overpayment of benefits.   We affirm.   Participating in an early retirement incentive program when there is continuing work available does not constitute good cause for leaving one's employment (see, Matter of Slezak [Commissioner of Labor], 252 A.D.2d 644, 675 N.Y.S.2d 202;  Matter of Joseph [Sweeney], 246 A.D.2d 944, 667 N.Y.S.2d 849).   To the extent claimant disagreed with the circumstances surrounding his acceptance of the retirement incentive, this created a credibility issue for resolution by the Board (see, Matter of Williams [New York City Gen. Servs.-Commissioner of Labor], 256 A.D.2d 792, 681 N.Y.S.2d 642).   Inasmuch as substantial evidence supports the Board's decision, it will not be disturbed.

ORDERED that the decision is affirmed, without costs.


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