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MATTER OF FARRER

50 A.D.2d 653 (1975)

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

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

November 13, 1975

Claimant, a waiter, was informed his failure to be at work on Easter Sunday would result in loss of employment. He elected not to appear for personal, noncompelling reasons, and he was terminated. Upon application for benefits, he stated his loss of employment was due to lack of work. The determination of these factual issues is in the sole province of the board and when, as it appears from this record, they are supported by substantial...

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