MATTER OF BURKE


53 A.D.2d 946 (1976)

In the Matter of the Claim of Michael W. Burke, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

July 8, 1976


Claimant, who was employed as a driver, part-time salesman and flower cutter, was asked to clean a bathroom by the employer's wife. When he refused to do so, his employment was terminated. When claimant filed for benefits, however, he gave as the reason for his loss of employment "slow". The board found that claimant was discharged and did not quit his job. Since cleaning a bathroom was not part of his original terms of hire, the board properly found that claimant did not...

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