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Matter of Spack

Court of Appeals of the State of New York
May 22, 1953
113 N.E.2d 150 (N.Y. 1953)

Opinion

Submitted April 16, 1953

Decided May 22, 1953

Appeal from the Supreme Court, Appellate Division, Third Department.

Nathaniel L. Goldstein, Attorney-General ( Francis R. Curran and Wendell P. Brown of counsel), for appellant.

Maxwell M. Seiden for respondent.


The finding that claimant refused employment without good cause was essentially one of fact, and, since there was substantial evidence to sustain it, and no error of law committed, the determination of the Unemployment Insurance Appeal Board should have been confirmed. (See, e.g., Matter of Humphrey v. State Ins. Fund, 298 N.Y. 327; see, also, Matter of Miller v. Kling, 291 N.Y. 65.)

The order of the Appellate Division should be reversed and the determination of the Appeal Board reinstated, without costs.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Order reversed, etc.


Summaries of

Matter of Spack

Court of Appeals of the State of New York
May 22, 1953
113 N.E.2d 150 (N.Y. 1953)
Case details for

Matter of Spack

Case Details

Full title:In the Matter of the Claim of MARY SPACK, Respondent. EDWARD CORSI, as…

Court:Court of Appeals of the State of New York

Date published: May 22, 1953

Citations

113 N.E.2d 150 (N.Y. 1953)
113 N.E.2d 150

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