MATTER OF DAY


51 A.D.2d 1071 (1976)

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

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

March 4, 1976


The position to which claimant was transferred entailed the performance of duties similar in nature to those required in the eliminated position and there was no title change or reduction in salary. Claimant's refusal to enter upon or even try to perform in the new position is evidence which substantially supports the board's finding that claimant's separation was voluntary, without good cause and, therefore, disqualifying. The finding is supported by substantial evidence...

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