MATTER OF FIOL (CALMAR S. S. CORP. — CORSI)


305 N.Y. 264 (1953)

In the Matter of the Claim of Frank Fiol, Respondent. Calmar Steamship Corporation, Appellant; Edward Corsi, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided April 24, 1953


Attorney(s) appearing for the Case

Ralph L. McAfee, Albert R. Connelly and Edward C. Perkins for appellant.

Nathaniel L. Goldstein, Attorney-General (Francis R. Curran and Wendell P. Brown of counsel), for Edward Corsi, as Industrial Commissioner, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur in Per Curiam opinion; FROESSEL, J., dissents and votes to affirm.


Per Curiam.

The referee and the Appeal Board found justification for the claimant's relinquishment of his job in the union's sixty-day rule. But the mere fact of the existence of such a union rule did not warrant the conclusion that claimant was excused from continuing his employment. The referee and the Appeal Board had to go further and determine whether, under all the facts of the case, the claimant was justified...

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