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MATTER OF McCALLEN

51 A.D.2d 854 (1976)

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

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

February 26, 1976

The question of "good cause" for leaving employment is factual and there is substantial evidence in the record to support the board's finding that claimant left her employment while there was still work available. The fact that claimant gave the terse statement "no work" as the reason for her leaving is unchallenged on the record and her testimony to the contrary at her hearing only created a question of fact which was resolved...

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