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  5. 41 N.Y.2d 813 (1977)
 

MATTER OF HULSE

41 N.Y.2d 813 (1977)

In the Matter of the Claim of James W. Hulse, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided February 8, 1977.

Attorney(s) appearing for the Case

James W. Hulse, appellant pro se.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order of the Appellate Division reversed, with costs, the decision of the Unemployment Insurance Appeal Board annulled, and the matter remitted to the Appellate Division, Third Department, with directions to remand for determination of the claim.

Since claimant's refusal to comply with his employer's demands that he work overtime did not "compel" his dismissal, however justified that dismissal might have...

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