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Matter of Samuels

Appellate Division of the Supreme Court of New York, Third Department
Jan 17, 1962
15 A.D.2d 701 (N.Y. App. Div. 1962)

Opinion

January 17, 1962

Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.


Claimant appeals from a decision of the Unemployment Insurance Appeal Board which disqualified her from receiving benefits for 42 days on the ground that she voluntarily left her employment without good cause. Claimant was employed as a shirt folder in a laundry. On October 5, 1959, one of her coemployees became ill, and claimant, who had experience in the operation performed by the ill employee, was asked to temporarily take her place. In so doing claimant would have suffered no reduction in earnings. She refused this reasonable request, however, and insisted upon a "pink slip" so she could get her pay. While claimant contends she was discharged, the employer disputes this, and the record indicates that the employer tried in vain to persuade her to remain on the job. At most a factual question was presented, and there is ample evidence to support the decision that claimant voluntarily left the job without good cause. Decision unanimously affirmed, without costs.


Summaries of

Matter of Samuels

Appellate Division of the Supreme Court of New York, Third Department
Jan 17, 1962
15 A.D.2d 701 (N.Y. App. Div. 1962)
Case details for

Matter of Samuels

Case Details

Full title:In the Matter of the Accounting of ETHEL M. SAMUELS, as Executrix of HARRY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 17, 1962

Citations

15 A.D.2d 701 (N.Y. App. Div. 1962)