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MTR. OF GREEN (LEVINE)

44 A.D.2d 345 (1974)

In the Matter of the Claim of Richard Green, Respondent; Republic Steel Corporation, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

May 9, 1974.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (H. Kenneth Schroeder, Jr., of counsel), for appellant.

Thomas P. McMahon for Richard Green, respondent.

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz, Murray Sylvester and Edward Moss of counsel), for Industrial Commissioner, respondent.

GREENBLOTT and COOKE, JJ., concur with MAIN, J.; HERLIHY, P. J., and KANE, J., dissent and vote to reverse in an opinion by HERLIHY, P. J.

MAIN, J.

This is an appeal from a decision of the Unemployment Insurance Board, filed August 27, 1973, which affirmed the decision of a Referee, holding claimant eligible to receive benefits.

Claimant, Richard Green, was employed by appellant, Republic Steel Corporation, as a bricklayer when he was laid off on January 26, 1973 due to lack of work. Five days later appellant offered him employment as a...

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