MATTER OF FISHER (LEVINE)


36 N.Y.2d 146 (1975)

In the Matter of the Claim of Louis Fisher, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided February 27, 1975.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for appellant.

No appearance for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge COOKE taking no part.


FUCHSBERG, J.

The issue is whether the Unemployment Insurance Appeal Board's decision that claimant's retirement from the United States Postal Service in response to his employer's request for a reduction in work force was a "voluntary separation" from employment "without good cause" disqualifying him from receiving benefits is valid. The Appellate Division reversed the board's decision and the Industrial Commissioner...

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