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MATTER OF SELLERS (MAYS, INC.)

13 A.D.2d 204 (1961)

In the Matter of Arthur Sellers, Respondent. J. W. Mays, Inc., Appellant; Martin P. Catherwood, as Industrial Commissioner, Respondent

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

May 23, 1961.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler (Milton Kunen of counsel), for appellant.

Howard A. Levine for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (Harold F. Lee of counsel), for Industrial Commissioner, respondent.

BERGAN, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

COON, J.

Claimant initially began work as a porter for the employer on August 27, 1957, at a wage of $52 for a 48-hour week. On January 6, 1959, when his wage was $55 for a 48-hour week, claimant voluntarily quit because he was dissatisfied with the amount of his pay.

Assuming, arguendo, that claimant's wages were substantially less than those prevailing for similar work in the locality, the question...

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