MATTER OF KAYAL


50 A.D.2d 1006 (1975)

In the Matter of the Claim of Alice Kayal, Appellant. New York Telephone Company, Respondent. Louis L. Levine, as Industrial Commissioner, Respondent

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

December 18, 1975


Claimant worked for the employer for more than nine years when she retired on her 65th birthday. A company rule provided that mandatory retirement was required at the end of the month in which the employee attained 65. The board found that claimant knew she could continue to work until the end of the month and that she was not advised by her employer to retire on her 65th birthday. Several factual issues were presented, including credibility, which were resolved against the...

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