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MATTER OF MARSH (CATHERWOOD)

13 N.Y.2d 235 (1963)

In the Matter of the Claim of Bernice Marsh, Respondent. Martin P. Catherwood, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair, Samuel Stern and Gerard R. Gemmette of counsel), for appellant.

Henry J. Metzner for respondent.

Mahlon Z. Eubank for Commerce and Industry Association of New York, Inc., amicus curiæ.

Ira M. Millstein and Marshall C. Berger for New York State Council for Retail Merchants, amicus curiæ.

Judges DYE, FULD, BURKE and FOSTER concur with Chief Judge DESMOND; Judge SCILEPPI dissents in an opinion in which Judge VAN VOORHIS concurs.

Chief Judge DESMOND.

Claimant, a "full charge book-keeper" was because of slack business conditions discharged from a job at which she had been paid $95 per week. After she had filed her claim for unemployment insurance benefits the State Employment Service got for her a job referral or offer of employment at $90 per week which she refused on the ground that the wage was inadequate. The Industrial Commissioner...

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