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MATTER OF MARTINO

24 A.D.2d 772 (1965)

In the Matter of the Claim of Joseph A. Martino, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

October 22, 1965

HAMM, J.

The plaintiff was discharged after prior warning for violation of what the board termed "a reasonable rule". When the claimant refused to meet a condition of his work, he became separated from his employment by his own volition and it was within the fact-finding power of the board to determine that the separation was voluntary (Matter of Karman [Lubin], 2 A.D.2d 626

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