MATTER OF DESMARAIS


234 A.D.2d 839 (1996)

651 N.Y.S.2d 243

In the Matter of the Claim of Gary R. Desmarais, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

December 19, 1996


Claimant was employed as a marine engineer on a merchant vessel operating on the Great Lakes. The annual sailing season usually ended on December 20th, after which the lakes were likely to freeze and become unnavigable. In early November 1994, however, claimant was notified by the employer that his ship would remain in operation for an indefinite period beyond the regular season. Claimant nonetheless refused the offer of employment beyond December 20, 1994, opting to take...

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