MATTER OF DIAMOND


12 A.D.2d 833 (1961)

In the Matter of the Claim of Shirley Diamond, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

January 11, 1961


The Industrial Commissioner, the Referee, and the Appeal Board have all held that claimant was ineligible to receive benefits on the ground that she was unavailable for employment. Claimant's only employment history is that of a stock clerk. After being out of the labor market for 16 years she became employed on a five-day week basis from 9:30 A.M. to 2:00 P.M. at $1.25 per hour. She worked for a year and eight months and was laid off because she refused to work one night...

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