IN RE: the Claim of Denise FOX

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

IN RE: the Claim of Denise FOX, Appellant. Commissioner of Labor, Respondent.

Decided: July 22, 2004

Before:  MERCURE, J.P., CREW III, SPAIN, CARPINELLO and LAHTINEN, JJ. Denise Fox, Hicksville, appellant pro se. Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 3, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment with a department store without good cause.   The record establishes that following claimant's return from maternity leave, the employer made several efforts to accommodate claimant's request that she work 11:00 A.M. to 4:00 P.M. in order to coordinate with the hours her mother provided childcare.   Although the employer twice offered her permanent part-time employment, claimant declined the offers because the positions required that she stay at work until 6:15 P.M. one night a week.   Inasmuch as claimant failed to make any effort to secure childcare for the extra hours, we find no reason to disturb the Board's decision (see Matter of Gurtenboim [Commissioner of Labor], 306 A.D.2d 734, 760 N.Y.S.2d 901 [2003];  Matter of Vitale [Commissioner of Labor], 263 A.D.2d 758, 692 N.Y.S.2d 850 [1999] ).

ORDERED that the decision is affirmed, without costs.

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