MATTER OF BAYNE


32 A.D.2d 582 (1969)

In the Matter of the Claim of James Bayne, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

April 21, 1969


Per Curiam.

Claimant, employed as a dishwasher, did not return to work after collecting his wages for the first five days' work, although the job remained available; and instead applied next day for benefits, replying to the form inquiry as to why he was unemployed by writing "shape-up". This was untrue and claimant subsequently testified that he did not return to work because he was "tired and indisposed". The board's determination of the factual issues which...

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