MATTER OF OST


26 A.D.2d 979 (1966)

In the Matter of the Claim of Arthur J. Ost, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

November 21, 1966


REYNOLDS, J.

The determination of whether claimant left his employment to follow his spouse to another locality is factual and thus the board's determination must be upheld if supported by substantial evidence (Labor Law, § 623). Concededly there are cases in which we have upheld the board's awarding of benefits where the board has found factually a compelling necessity for the claimant's physical presence...

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