MATTER OF McINERNEY


288 A.D.2d 549 (2001)

732 N.Y.S.2d 128

In the Matter of the Claim of TIMOTHY J. McINERNEY, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 1, 2001.


Claimant was employed as an inspector for a consulting firm from June 28, 1999 until October 6, 1999. In September 1999, the employer offered claimant the opportunity to work on a new project beginning when the current project ended. Claimant declined the offer, resigned when his current project was complete and thereafter filed for and received unemployment insurance benefits asserting that he separated from employment due to lack of work. The Unemployment Insurance Appeal...

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