MATTER OF FITZSIMMONS


10 A.D.2d 738 (1960)

In the Matter of the Claim of Simon F. Fitzsimmons, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

March 18, 1960


Claimant had been a taxi driver for 41 years. Upon referral to employment as a taxi driver he refused the employment because he was unwilling to drive a cab with an automatic transmission. Practically all of the taxicab operators in New York City have converted to automatic transmissions. It was found that claimant's refusal to drive an automatic shift cab was a personal and noncompelling reason and did not constitute good cause for refusal of employment. The record warrants...

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