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MATTER OF BURNETT

189 A.D.2d 1053 (1993)

In the Matter of the Claim of Francis A. Burnett, Jr., Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

January 28, 1993

The employer's representative testified that claimant refused an offer to be reinstated to his former position. Claimant contended that when he reported to his employer he was told that nothing was available. These differing versions of the facts raised questions of credibility which were for the Unemployment Insurance Appeal Board to resolve (see, Matter of Smertenko [Levine], 50 A.D.2d 694). In addition, although claimant...

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