Majority
The Industrial Commissioner has appealed from a decision of the Unemployment Insurance Appeal Board which affirmed the decision of an unemployment insurance referee overruling an initial determination of the Industrial Commissioner disqualifying claimant for unemployment insurance benefits because of his refusal of an offer of employment for which he was reasonably fitted by training and experience, without good cause. Claimant is a chauffeur on a news route. He was employed by the Brownsville News Company for four and one-half years prior to August, 1949. He worked five nights a week and was paid $82.72 for a five-day, forty-hour week. His hours of employment were from twelve midnight to 8:00 a.m. About two weeks prior to August 16, 1949, claimant was placed on a four-day week. He resigned his employment on that day to engage in business for himself. On the advice of his attorney, he left this business which lasted but a single day. He thereupon became unemployed and filed for benefits on August 29, 1949. His former employer offered claimant work on Thursday and Saturday nights at his regular rate of pay. The offer was refused by the claimant because he wanted full-time work and not part-time. The rate of pay for week-day work was $16.41 for eight hours and for Saturday, $17.11 for a like period. Overtime was paid after eight hours. We have concluded that claimant’s refusal of the offer of part-time employment without good cause is a matter of law. Decision appealed from reversed, on the law, and the initial determination of the Industrial Commissioner reinstated, without costs. Foster, P. J., Heffeman, Brewster, Bergan and Coon, JJ., concur.