MATTER OF GUTTERSON


31 A.D.2d 675 (1968)

In the Matter of the Claim of Henry Gutterson, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 20, 1968


REYNOLDS, J.

Claimant attempted to return to his job after an extended illness and was told by his employer that he had been replaced but that if extra work were available he would be contacted. When his union told claimant that it could not reobtain his job for him, claimant filed for retirement and also unemployment benefits. The foregoing facts are subject to some dispute. The board thereafter ruled claimant ineligible for benefits on the basis that...

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