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MATTER OF HERNANDEZ

165 A.D.2d 943 (1990)

In the Matter of the Claim of Antonio Hernandez, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

September 20, 1990

Insofar as claimant submitted no new evidence to support his request that the Unemployment Insurance Appeal Board reconsider its prior decision, there was no abuse of discretion by the Board in rejecting the application (see, Matter of Cruz [Levine], 49 A.D.2d 978). In any event, although claimant argued that he could not work overtime as directed by the employer due to a rib injury...

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