MATTER OF COSTELLO


33 A.D.2d 815 (1969)

In the Matter of the Claim of Thomas M. Costello, Respondent. Marine Midland National Bank of Troy, Appellant; Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 1, 1969


MEMORANDUM BY THE COURT.

The appellant on April 4, 1968 offered the claimant a job. On the same day the claimant secured employment at a higher rate of pay to commence on April 8, 1968 and, accordingly, refused appellant's offer. The appellant's representatives at the hearing were evasive as to whether they were offering the claimant temporary or permanent employment. The Referee noted that "bona fides of the offer of work for a single day * * * is open to serious...

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